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Vol.  III.  Series  for  1896. 


Translations  and  Reprints 

\i 

FROM  THE 


Original  Sources  of  European  History 


PUBLISHED  BY     y 
THE  DEPARTMENT  OF  HISTORY 

OF  THE 
UNIVERSITY  OF  PENNSYLVANIA. 


Philadelphia,  Pa.,  1897. 
English  Agency  :  P.  S.   KING  &  SON,   12-14  King  Street,  London,  S.  W. 


"^•'t'"/^T^''~ 


l^t>5 


I.        The  Fourth  Crusade : 

Edited  by  Dana  Cari^kton  Munro,  A.M. 

II.         Statistical  Documents  of  the  Middle  Ages  : 

Edited  by  Roi^and  P.  Falkner,  Ph.D. 

III.         Period  of  the  Later  Reformation  : 

Edited  by  Mkrrick  WhiTcomb,  Ph.D. 

IV.         The  Witch-Persecutions  : 

Edited  by  George  L.  Burr,  A.B. 

V.         English  Manorial  Documents  : 

Edited  by  Edward  P.  Cheyney,  A.M. 

VI.         The  Pre-Reformation  Period  : 

Edited  by  James  Harvey  Robinson,  Ph.D. 


TABLE  OF  CONTENTS. 


Roman  numerals  refer  to  the  numbers  ;  Arabic  numerals  to  the  pages. 


Abdication  of  Charles  V., 

Abuses  in  the  Church, 

Agreement,  New:   of  Crusaders  with  Venetians,  1202, 

Albigenses :  Description  of, 

Alexis :  Difficulties  of  Crusaders  with, 

Alexis:  Summons  to,  by  Crusaders, 

Alwalton:  Extent  of, 

Aquinas,  Thomas:  Extract  from  Summa, 

Articles  of  the  League, 

Averroists :  Description  of, 

z.4vignon:  Papal  Court  at, 

Bamberg:  Witch-penecution  at. 

Battle  Abbey:  Manor  belonging  to, 

Bernehorne:  Extent  of. 

Bibliography ,  Select:  for  Witch-persecutions, 

Bibliography ,  Select:  for  Pre-reformation  Period, 

Bonn:  IVitch-persecution  at. 

Bull  Clericis  Laicos, 

Bull  Summis  desiderantes,  1484, 

Bull  Unar/i  Sanctam-, 

Calvin:  Extract  from  Institutes, 

Capitulary  De  Villis :  Articles  from. 

Capture  of  Zara:  Fourth  Crusade, 


III. 

2. 

VI. 

2. 

I. 

6. 

VI. 

7- 

I. 

//. 

I. 

8. 

V. 

4. 

VI. 

16. 

III. 

28. 

VI. 

9- 

^^I.  26, 

,28. 

IV. 

23. 

V. 

8. 

V. 

8. 

IV. 

36. 

VI. 

ii- 

IV. 

18. 

VI. 

21. 

IV. 

7- 

VI. 

19. 

III. 

7- 

II. 

2. 

I. 

6. 

CONTENTS. 

Catechism,  Genevan,  of  1^41:    Extract  regarding  the  Eu- 
charist, 
Charles  K:  Library  at  San  Yuste, 
Charles  V,:  Speech  at  Brussels, 
Charles  the  Great:  Articles  from  Capitulary  of 
Charles  the  Great:  Inventory  of  Estate  of 
Chingford:  Manor-house  at, 
Church  and  State :  Relations  of, 
Clemanges:  Downfall  of  the  Church, 
Clericis  Lai  cos:  Bull, 
Coligny:  Death  of. 
Colloquy  of  Poissy, 

Compact  of  Crusaders  with  Venetians,  1201, 
Compact  of  Venetians  with  Sultan  of  Babylon, 
Compotus  Roll  of  Cuxham, 

Consistory:  Decision  of,  in  case  of  Heretical  Practices, 
Constance:  Council  of, 

Constantinople:  Diversion  of  Fourth  Crusade  to. 
Council  of  Trent :  French  Propositions  to, 
Cressingham :  Court  Roll  of. 
Crusaders  unable  to  pay  Venetians, 
Custumals  of  Manors, 
Cuxham:  Yearly  Account  of, 
Davenport,  F.  G. :  Bibliography  by, 
Defiance,  Public:  of  Alexis  by  Crusaders, 
Decree  Frequens, 
Decree  Sacrosanct  a. 
Difficulties  of  Crusaders  with  Alexis, 
Discussion  of  Crusaders  after  arrival  of  Alexis, 


III. 

8. 

III. 

4' 

III. 

2. 

II. 

2. 

II. 

4' 

V. 

3f' 

VI. 

18. 

VI. 

28. 

VI. 

21, 

III. 

24. 

III. 

2J. 

I. 

2. 

I. 

4, 

V. 

14. 

III. 

7- 

VI. 

23. 

I. 

8. 

III. 

19. 

V. 

20, 

I. 

4- 

V. 

3- 

V. 

14- 

V. 

32, 

I. 

II. 

VI. 

3^' 

VI. 

30. 

I. 

II. 

I. 

to. 

CONTENTS. 

Diversion  of  Fourth  Crusade  to  Constantinople, 
Diversion  of  Fourth  Crusade  to  Zara, 
Doge's  Threat  to  Alexis, 

Domesday  Book:  Extract  from,  County  of  Norfolk, 
Domesday  Manor, 

Domesday  Returns:  Instructions  for  Collection  of. 
Downfall  of  the  Church,  by  Clemanges, 
Durham:  Halmote  Courts  of. 
Duty  of  Persecution, 

Ecclesiastical  Ordinances  of  i^6i :  Extracts, 
Edict  of  Nantes :  Extracts  from, 
Eucharist:  Extract  from  Genevan  Catechism  of  1^41, 
Extent  of  Alwalton, 
Extents  of  Manors, 

Fifteenth  Century:  Witch-persecution  in  earlier. 
Gold  of  the  Indies,  i  ^^9, 
Golias  the  Bisshoppe, 
Halmote  Court  Rolls, 
Hecham :  Manor  of. 
Heresy  in  i^th  and  14th  Centuries, 
Heretical  Practices:    Decision  of  Gemvan  Consistory  re- 
garding, 
Heretics:  Rules  against,  in  Sicily, 
Hundred  Rolls:  Extract  from. 

Innocent  III.:  Attitude  of,  after  Capture  of  Constantinople, 
Innocent  l^IIL:  His  Witch-bull, 
Inquisition  for  Heresy, 

Institutes,  Calvin's :  Extract  defining  Predestination, 
Inventory  of  Estate  of  Charles  the  Great, 


I. 

8. 

I. 

6, 

I. 

12, 

II. 

6. 

V. 

3- 

II. 

6, 

VI. 

28. 

V. 

24. 

IV. 

5. 

III. 

//. 

III. 

30. 

III. 

8. 

V. 

4- 

V. 

3- 

IV. 

6. 

III. 

5- 

VI. 

2, 

V. 

24. 

V. 

3- 

VI. 

6. 

III. 

9. 

VI. 

10. 

V. 

4- 

I. 

20. 

IV. 

7. 

VI. 

14. 

III. 

7- 

II. 

4' 

11. 

ig. 

III. 

26. 

II. 

8. 

III. 

4- 

VI. 

M- 

IV. 

n- 

IV. 

14. 

VI. 

6. 

IV. 

IQ. 

V. 

20. 

V. 

3^' 

V. 

3- 

VI. 

2. 

CONTENTS. 

--  Jerusalem:  Kingdom  of,  Taxes  in, 
League:  Articles  of  the. 
Levy  of  Troops  for  Wars  in  Bohemia,  1422, 
Library  of  Charles  V.,  at  San  Yuste, 
Licet  Juris:  Law, 

Linden:  Witch-persecution  at  Trier, 
Loos:  Recantation  of, 
LukeofTuy:  Story  from. 
Malleus  Maleficarum, 
Manor  Court  Rolls, 
Manor-house :  Description  of. 
Manorial  Extents, 
Mapes,  Walter, 

Mather,  Cotton:  on  Witchcraft,  iv. 

Methods  of  Witch-persecutions,  iv.    30, 

Mocenigo's  Speech  on  Resources  of  Venice,  1421,  11.     // 

Nantes:  Edict  of.  Extracts  from.. 
Nature  and  Reality  of  Witchcraft, 
Nider:  On  the  Witch-persecutions, 
Ordinance:  Ecclesiastical,  of  1^61,  Extracts, 
Ordinances  for  Regulation  of  Churches,  etc., 
Patarins, 

Payment  made  to  Crusaders  by  Alexis, 
People  of  France:  General  View  of,  i^^8, 
Peterborough :  Manor  of 
Petrarch:  Description  of  Averroists  by, 
Petrarch:  Description  of  Papal  Court  at  Avignon, 
Philip  I. :  Proposition  to  Crusaders  made  by. 
Political  Verses:  French,  of  1 6th  Century, 


III. 

30- 

IV. 

2. 

IV. 

6. 

III. 

II. 

III. 

10. 

VI. 

10. 

I. 

II. 

III. 

16. 

V. 

4' 

VI. 

9' 

VI. 

26. 

I. 

9. 

III. 

28. 

CONTENTS. 

Poissy:  Colloquy  of, 

Power  and  Revenues  of  States  of  Europe,  142 — , 

Predestination:  Extract  from  Calvin's  Institutes, 

Preparations  for  the  Fourth  Crusade, 

Propositions,  French :  to  Council  of  Trent, 

Regulation  of  Churches  dependent  upon  the  Signory  of 

Gemva:  Select  Ordinances, 
Relaxation  to  Secular  Arm :  Form  of. 
Relics,  List  of:  stolen  by  Abbot  Martin, 
Rentals  of  Manors, 
Resources  of  l^enice,  1421, 
Revenues  of  the  King  of  Spain,  i^^g, 
Sachsenspiegel :  Extract  from, 
Sack  of  Constantinople  by  Crusaders, 
St.  Louis :  Edict  of  against  Heretics, 
St.  Louis:  Extract  from  Etablissements, 
Schwabenspiegel :  Extract  from. 
Scope  of  the  Persecution, 
Scotland:  Witch-persecution  in. 
Sermons  before  Attach  on  Constantinople, 
Servetus :  Complaint  against, 
Soriano,   Giovanni:    Report  to  Venetian  Government  on 

Condition  of  France, 
Soriano,  Michele:  Extracts  from  the  Vemtian  Relaiioni, 
Spain :  Revenue  of  the  King, 
Spec,  F.  von:  On  Witch-persecutions,- 
Speech  of  Charles  V.  at  Brussels, 
Summa  ofTloomas  Aquinas:  Extract  from, 
Summis  desiderantes :  Bull, 


III. 

2i. 

II. 

14. 

III. 

7' 

I. 

2. 

III. 

19. 

III. 

10. 

VI. 

J5' 

I. 

18. 

V. 

3- 

II. 

II. 

III. 

6. 

VI. 

^3- 

I. 

14. 

VI. 

14. 

VI. 

14. 

VI. 

^3- 

IV. 

^3- 

IV. 

19. 

I. 

14. 

III. 

n- 

III. 

16. 

III. 

5' 

III. 

6. 

IV. 

30. 

III. 

2. 

VI. 

16. 

IV. 

7. 

CONTENTS. 

Taxes  in  Kingdom  of  Jerusalem, 

Theft  of  Relics  by  Abbot  Martin,  at  Constantinople, 

Thou,  J.  A.  de:  Description  of  Death  of  Coligny, 

Trent:  Council  of,  French  Propositions  to. 

Trier  (Treves):  Witch-persecution  at, 

Unam  Sanctam :  Bull, 

Ve'netians:  Campacts  made  by, 

Venice:  Resources  of,  1421, 

Verses:  French  Political,  of  1 6th  Century, 

Villein :  Manumission  of, 

Villis,  De:  Capitulary, 

Vrie:  History  of  Council  of  Constance, 

Werminton :  Manor  of. 

Witch-bull  of  1484, 

Witch-craft :  Nature  aud  Reality  of, 

Witch-Hammer, 

Witch-persecution  at  Bamberg, 

Witch-persecution  at  Bonn, 

Witch-persecution  at  Trier, 

Witch-persecution  at  Wur:{burg, 

Witch-persecution  in  Scotland, 

Wuriburg :  Witch-persecution  at, 

Zara :  Capture  of,  in  Fourth  Crusade, 

Zara :  Diversion  of  Fourth  Crusade  to. 


II. 

19. 

I. 

n- 

III. 

24, 

III. 

19. 

IV. 

n- 

VI. 

19. 

I. 

2,4' 

II. 

II. 

III. 

28. 

V. 

3^' 

II. 

2. 

VI. 

28. 

V. 

4- 

IV. 

7- 

IV. 

2. 

IV. 

10. 

IV. 

^3- 

IV. 

18. 

IV. 

^3- 

IV. 

28. 

IV. 

19. 

IV. 

28. 

I. 

6. 

I. 

6. 

Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 

Vor,.  III.  The  Fourth  Crusade.  No.  i. 

TABLE  OF  CONTENTS. 

PAGB 

I.        The  Preparations  for  the  Crusade. 

1.  The  Compact  with  the  Venetians, 2 

2.  The  Compact  of  the  Venetians  with  the  Sultan  of 

Babylon, 4 

3.  The  Crusaders  are  unable  to  pay  the  Venetians,     .    .  4 

II.        The  Diversion  to  Zara. 

1.  The  new  Agreement  with  the  Venetians, 6 

2.  The  Capture  of  Zara, 6 

III.  The  Diversion  to  Constantinople. 

1.  The  Summons  to  Alexis, 8 

2.  The  proposition  made  by  King  Philip,      9 

3.  The  Discussion  after  the  Arrival  of  Alexis, 10 

IV.  The  Difficulties  with  Alexis. 

1.  The  first  Payment, ii 

2.  The  public  Defiance, ii 

3.  The  Doge's  Threat,      12 

V.        The  Sack  of  Constantinople. 

1.  The  Sermons  before  the  final  Attack  on  Constanti- 

nople,    14 

2.  The  Compact  of  Division,      14 

3.  Account  of  the  Sack, •••.,.  15 

4.  Abbot  Martin's  Theft  of  Relics, 17 

5.  List  of  Relics  stolen  by  Abbot  Martin, 18 


i 


VI.        Attitude  of  Innocent  III. 

I.     Innocent  commands  Crusaders  to  stay  at  Constanti- 
nople,    20 


2  TRANSLATIONS    AND   REPHINTS. 

I.     THE    PREPARATIONS   FOR    THE    CRUSADE. 

Taught  by  the  experience  of  the  other  crusaders,  the  barons  resolved  to  go  by 
sea.  Venice  was  the  city  that  seemed  most  able  to  furnish  sufficient  vessels.  Accord- 
ingly, Ville-Hardouin  and  five  other  embassadors  were  sent  to  make  a  bargain  with 
the  Venetians.  The  official  compact  is  given  in  full  in  Muratori  Rerum 
Italicarum  Scriptores,  vol  xii,  323.  The  most  important  difference  between  that 
and  Ville-Hardouin's  version  is  that,  according  to  the  compact,  the  expedition  was 
to  start  on  St.  Peter  and  St.  Paul's  day. 

For  the  events  preliminary  to  the  crusade,  as  well  as  for  all  the  matters  con- 
nected with  it,  consult  Pears'  excellent  book,  "The  Fall  of  Constantinople." 

The  second  extract  relates  to  one  of  the  most  hotly  debated  subjects  connected 
with  the  crusade.  Did  Venice  treacherously  make  a  treaty  with  the  sultan  of 
Egypt  ?  If  she  did,  her  conduct  and  the  diversion  of  the  crusade  are  more  easily 
explained.  Pears,  pp.  263  ff.,  believes  such  a  treaty  was  made  and  quotes  references 
to  support  his  view.  But  consult  Wailly's  very  able  discussion,  pp.  431  ff<,  in 
which  he  brings  out  the  difficulty  in  reconciling  the  dates  and  endeavors  to  show 
that  this  V Estoire  de  Eracles  is  entirely  untrustworthy.  Consult  also,  Heyd  J 
Levanthandel,  I,  292  ff.  and  440  ff. 

The  third  extract  is  self-explanatory.  Ville-Hardouin  and  Robert  de  Clari  are 
the  most  important  authorities  for  the  fourth  crusade.  The  first  was  one  of  the 
leaders  and  gives  us  an  official,  "  inspired  "  account.  The  second  was  one  of  the 
poorer  knights  and  is  especially  useful  as  he  tells  us  what  the  bulk  of  the  army 
knew  and  thought,  and  enables  us  to  check  the  statements  of  Ville-Hardouin. 

I.     The  compact  with  the  Venetians. 

Ville-Hardouin  :  Couquete  de  Constantinople,^   ch.  iv,  v,  vi.     Nos.  18- 
24,  30.     Old  French. 

18.  "  Sire,  we  have  come  to  you  in  behalf  of  the  noble  barons  of 
France  who  have  taken  the  cross,  in  order  to  avenge  the  shame  of  Jesus 
Christ  and  to  reconquer  Jerusalem,  if  God  will  permit.  And  because  they 
know  no  people  who  are  as  able  to  assist  them,  as  you  and  your  people, 
they  pray  you,  for  God's  sake,  to  pity  the  land  of  Outre^ner  and  the 
shame  of  Jesus  Christ,  and  to  endeavor  to  furnish  them  transports  and 
ships  of  war." 

19.  "  Under  what  conditions?"  asked  the  doge. 

"  Under  any  conditions  that  you  may  propose  or  advise,  if  they  are 
able  to  fulfill  them,"  replied  the  messengers. 

"Certainly,"  replied  the  doge,  [to  his  associates]  "it  is  a  great 
undertaking  that  they  have  asked  of  us  and  they  seem  to  be  consider- 
ing an  important  matter  ;"  [to  the  messengers]  "we  will  give  you  an 


Second  edition  of  Wailly. 


COMrACT    WITH    THE    VENETIANS.  3 

ar.swer  in  a  week,  and  do  not  wonder  if  the  time  seems  long,  for  such  a 
great  undertaking  deserves  much  thought." 

20.  At  the  time  fixed  by  the  doge,  they  returned  to  tlie  j)alace,  I 
can  tell  not  you  all  that  was  said,  but  the  conclusion  of  the  conference  was 
as  follows : 

"  My  lords,"  said  the  doge,  "  we  will  tell  you  what  we  have  decided, 
if  we  can  get  the  Grand  Council  and  the  people  of  the  country  to  agree 
to  it ;  and  you  shall  decide  whether  you  can  fulfill  your  part. 

21.  "We  will  furnish  huissiers^  for  carrying  4,500  horses  and 
9,000  esquires,  and  vessels  for  4,500  knights  and  20,000  foot-soldiers. 
The  aofreement  shall  be  to  furnish  food  for  nine  months  for  all  these 
horses  and  men.  That  is  the  least  that  we  will  do,  on  condition  that  we 
are  paid  four  marks  per  horse  and  two  marl^  per  man. 

22.  "  And  we  will  observe  all  these  conditions  which  we  explain  to 
you,  for  one  year  beginning  the  day  we  leave  the  harbor  of  Venice  to 
fight  in  the  service  of  God  and  of  Christianity,  wherever  we  may  go. 
The  sum  of  these  payments  indicated  above  amounts  to  85,000  marks.  ^ 

23.  "  And  we  will  do  still  more :  we  will  add  fifty  armed  galleys, 
for  the  love  of  God ;  on  the  condition  that  as  long  as  our  alliance  shall 
last,  of  every  conquest  of  land  or  money  that  we  make,  by  sea  or  land, 
we  shall  have  one  half  and  you  the  other.  Now  deliberate  whether  you 
can  fulfill  these  conditions." 

24.  The  messengers  went  away,  saying  that  they  would  talk  it 
over  and  reply  the  next  day.  They  consulted  and  discussed  that  night 
and  then  resolved  to  agree  to  it.  The  next  day  they  went  to  the  doge 
and  said:  "Sire,  we  are  ready  to  make  this  agreement."  The  doge 
said  that  he  would  speak  to  his  people  and  tell  them  the  result. 

30.  It  was  explained  in  council  that  they  would  go  to  Babylon,  ^ 
because  at  Babylon  they  could  do  more  injury  to  the  Turks  than  any- 
where else.  And  in  public  it  was  announced  that  they  would  go  across 
the  sea.  It  was  then  Lent  [March,  1201],  and  on  St.  Johns  day  the 
following  year,  the  1202nd  year  after  the   Incarnation  of  Jesus  Christ, 


^  Huissiers  were  vessels  having  a  door,  htiis,  in  the  stern,  which  could  be 
opened  so  as  to  take  in  the  horses.  See  Archer :  Crusade  of  Richard  I,  p.  49, 
note  and  p.  57,  note. 

'^  According  to  Wailly,  p.  452,  this  sum  would  be  equal  to  4,420,000  francs 
in  silver. 

'^  Cairo. 


4  TRANSLATIONS  AND  REPRINTS. 

the  barons  and  pilgrims  were  to  be  at  Venice  and  the  vessels  were  to  be 
ready  on  their  arrival. 

2.  Compact  of  the  Venetians  zvith  the  sultan  of  Babylon. 
L'Estoire  de  Eracles  Empereur,  xxviii,  2  in  Rccueil  des  historiens  des 

Croisades,  hist.  occ.  II,  251-252.     Old  French. 

[Anno  1199?]  After  this  he  [the  sultan  of  Babylon]  summoned 
messengers  and  servants  and  sent  them  to  Venice,  loaded  with  great 
wealth  and  great  riches.  He  sent  them  to  the  doge  and  gave  beautiful 
presents  to  the  Venetians,  and  connnanded  the  latter,  if  they  could  avoid 
it,  not  to  come  to  the  land  of  Egypt ;  he  would  give  them  great  treasures 
and  many  privileges  in  the  port  of  Alexandria.  The  messengers  went  to 
Venice,  did  as  they  were  commanded,  and  returned  as  quickly  as 
possible. 

3.  The  crusaders  are  nnable  to  pay  the  Venetians. 

Robert  de   Clari  :    La  Prise   de   Constantinople,  xi  and  xii,  in   Hopf : 
Chroniques  Greco- Romanes,  pp.  7-9.     Old  French, 

XI.  .         .  .         .  While  the  pilgrims  were  staying  on 

the  island  of  St.  Nicholas.^  the  doge  of  Venice  and  the  Venetians  went 
to  speak  to  them  and  demanded  the  pay  for  the  navy  v/hich  had  been 
prepared.  And  the  doge  said  to  them  that  they  had  acted  wrongly  in 
commanding  through  their  messengers  that  vessels  should  be  prepared 
for  4,000  knights  and  their  equipment,  and  for  100,000  foot-soldiers. 
Of  these  4,000  knights,  there  were  not  more  than  1,000  present,  for  the 
others  had  gone  to  other  ports.  And  of  these  100,000  foot-soldiers  there 
were  not  more  than  50,000  or  60,000.  "But,"  said  the  doge,  "we 
want  you  to  pay  us  the  sum  which  you  promised."  When  the  crusaders, 
heard  this,  they  debated  and  arranged  that  each  knight  should  pay  four 
marks  and  four  marks  for  each  horse,  and  each  esquire  two  marks ;  and 
those  who  paid  less,  should  pay  one  mark.  When  they  collected  this 
money,  they  paid  it  to  the  Venetians.  But  50,000  marks  still  remained 
due. 

When  the  doge  and  the  Venetians  saw  that  the  pilgrims  had  not 
paid  more,  they  were  all  so  incensed  that  the  doge  said  to  the  pilgrims : 
"My  lords,  you  have  imposed  upon  us  shamefully.  For,  as  soon  as  your 
messengers  had  made  the  agreement  with  me  and  my  people,  I  issued 
orders  throughout  my  whole  land  that  no  merchant  should  undertake  a 


The  Eido. 


THE   CRUSADERS    AHJ:    UNARLE   TO    PAY.  5 

voyage,  but  all  were  to  aid  iii  preparing  this  fleet.  They  have  been 
waiting  ever  since  and  have  gained  nothing  for  the  last  year  and  a  half; 
and,  accordingly,  they  have  lost  much.  Therefore  my  men  and  I  want 
you  to  pay  us  the  money  which  you  owe  us.  If  you  do  not  pay  us,  you 
shall  not  leave  this  island  before  we  get  our  money  ;  and  no  one  shall 
bring  you  anything  to  eat  or  drink  ;"  But  the  doge  was  a  very  excel- 
lent man  and  did  not  prevent  the  people  from  bringing  enough  food  and 
drink. 

XIL  When  the  count  and  the  crusaders  heard  w^hat  the  doge  said, 
they  were  much  troubled  and  grieved.  They  made  another  collection 
and  borrowed  all  the  money  they  could  from  those  who  were  thought  to 
have  any.  They  paid  it  all  to  the  Venetians,  but  after  this  payment 
36,000  marks  still  remained  due.  They  said  to  the  Venetians  that  they 
had  been  imposed  upon  ;  that  the  army  was  greatly  impoverished  by 
this  last  collection  ;  that  they  could  not  pay  any  more  money  at  all,  for 
they  had  hardly  enough  to  support  the  army. 

When  the  doge  perceived  that  they  could  not  pay  all  the  money 
and  that  they  were  in  sore  straits,  he  said  to  his  people  :  "Sirs,  if  we  let 
these  people  go  back  to  their  own  country,  we  shall  always  be  considered 
base  and  tricky.  Let  us  go  to  them  and  say  that,  if  they  are  willing  to 
pay  us  the  36,000  marks  which  they  owe  us,  out  of  their  part  of  the  first 
conquests  which  we  make,  we  will  carry  them  across  the  sea."  The 
Venetians  were  well  pleased  with  the  doge's  proposition.  Accord- 
ingly, they  w^ent  to  the  camp  of  the  pilgrims.  When  they  came  thither, 
the  doge  said  to  the  crusaders :  "  Sires,  we  have  agreed,  I  and  my  people, 
that  if  you  are  willing  to  guarantee  faithfully  to  pay  us  the  36,000 
marks,  which  you  owe  us,  out  of  your  share  of  the  fii*st  conquests,  we 
will  carry  you  across  the  sea." 

When  the  crusaders  heard  what  the  doge  proposed  they  were  very 
glad  and  fell  at  his  feet  for  joy.  They  very  willingly  bound  themselves 
faithfully  to  do  what  the  doge  had  proposed.  They  were  so  joyous  that 
night  that  there  was  no  one  so  poor  that  he  did  not  make  a  great  illum- 
ination, and  each  one  carried  great  torches  made  of  candles  on  the  end 
of  his  lance,  both  outside  of  the  camp  and  inside,  so  that  the  whole  army 
seemed  intoxicated. 


6  TRANSLATIONS    AND    REPRINTS. 

II.  THE  DIVERSION  TO  ZARA. 
According  to  Robert  de  Clari,  there  v/ere  two  separate  propositions  made  by 
the  doge  ;  the  one,  given  above,  which  was  received  so  joyfully,  and  a  second, 
given  below,  which  was  kept  secret.  Ville-Hardouin  would  have  us  understand 
that  there  was  but  one  proposition,  namely,  to  capture  Zara.  In  fact,  the  official 
account  given  by  Ville-Hardouin  differs  in  many  respect  from  the  non-official  ver- 
sions of  Robert,  Gunther,  and  others,  Gunther,  ch.  vi,  describes  how  unwilling 
many  were  to  go  to  Zara.  The  pope,  who  had  learned  something  of  the  plan,  pro- 
tested vigorously  against  an  attack  on  a  Christian  city.  We  see  clearly  from 
Ville-Hardouin's  own  account,  given  in  the  second  extract,  that  there  were  many 
in  the  army  opposed  to  the  plan. 

I.     The  new  agreement  with  the  Venetians. 

Robert  de  Clari,  xiii,  in  Hopf :  Chroniques,  p.  9.     Old  French. 

Afterwards  the  doge  came  to  the  army  and  said  ;  "  Sirs,  it  is  now 
winter,  we  cannot  cross  the  sea,  nor  does  this  depend  upon  me.  For  I 
would  have  had  you  cross  alread}^,  if  it  had  not  depended  upon  you. 
But  let  us  do  the  best  we  can.  There  is  a  city  near  here,  named  Zara. 
The  people  of  this  city  have  done  us  much  evil,  and  I  and  my  men  want 
to  punish  them,  if  we  can.  If  you  will  take  my  advice,  we  will  go  there 
this  winter  and  stay  until  Easter.  Then  we  will  make  ready  our  navy 
and  go  to  Outre-mer  on  Lady-day.  The  city  of  Zara  is  very  rich  and 
well  supplied  with  ail  kinds  of  provisions."  The  barons  and  the  nobles 
among  the  crusaders  agreed  to  what  the  doge  proposed.  But  no  one  in 
the  army  knew  this  plan,  except  the  leaders. 


2.     The  capture  of  Zara. 

Ville-Hardouin,  ch.  xvii-xviii,  Nos.  So-84,  86.     Old  French. 

80.  The  day  after  the  feast  of  St.  Martin,^  some  people  from  Zara 
came  to  speak  to  the  doge  of  Venice,  who  was  in  his  tent.  They  said  to 
him  that  they  would  surrender  the  city  and  all  their  property  to  his 
mercy,  if  their  lives  were  spared.  The  doge  said  that  he  would  not 
accept  these  or  any  other  conditions  without  the  advise  of  the  counts  and 
barons,  and  that  he  would  go  and  discuss  the  matter  with  them. 

81.  While  he  went  to  talk  to  the  counts  and  barons,  that  party, 
of  which  I  have  already  spoken,  who  wanted  to  break  up  the  army,  said 
to  the  messengers :   "  Why  do  you  want  to  surrender  your  city  ?     The 


Nov.  12,  1202. 


THE   CAPTURE    OF    ZARA.  7 

pilgrims  will  not  attack  you  and  you  have  nothing  to  fear  from  them. 
If  you  can  defend  yourselves  against  the  Venetians,  you  need  have  no 
anxiety."  And  they  sent  one  of  them,  named  Robert  de  Boves,  who 
went  to  the  walls  of  the  city  and  announced  the  same  thing.  So  the  mes- 
sengers returned  to  the  city  and  the  plan  of  surrender  was  given  up. 

82.  The  doge  of  Venice,  when  he  came  to  the  counts  and  barons, 
said  to  them  :  "  Sirs,  the  people  yonder  want  to  surrender  the  city  to  my 
mercy,  on  condition  that  their  lives  are  spared.  But  I  will  not  make 
this  agreement  or  any  other  wdthout  your  advice."  The  barons  replied : 
"  Sire,  we  advise  you  to  make  this  agreement  and  we  pray  you  to  do  so." 
He  said  that  he  would,  and  they  all  went  back  together  to  the  doge's 
tent  to  make  this  agreement.  They  found  that  the  messengers  had  gone 
aw^ay,  following  the  advice  of  those  who  wanted  to  break  up  the  army. 

83.  Then  the  abbot  of  Vaux  of  the  order  of  Citeaux  rose  and 
said  to  them :  "  Sirs,  I  forbid  you,  in  the  name  of  the  pope  of  Rome, 
to  attack  this  city ;  for  the  inhabitants  are  Christians  and  you  are  pil- 
grims." When  the  doge  heard  this  he  was  much  irritated  and  troubled. 
He  said  to  the  counts  and  barons  :  "  Sirs,  this  city  was  practically  in  my 
power,  and  your  people  have  taken  it  from  me,  you  had  promised  that 
you  would  aid  me  in  conquering  it ;  now  I  require  you  to  do  so." 

84.  Then  the  counts  and  barons  and  those  who  belonged  to  their 
party  held  a  conference  and  said :  "  Those  who  have  prevented  this 
agreement  have  committed  a  very  great  outrage,  and  it  was  not  right 
for  them  to  try  to  break  up  the  army.  Now  we  shall  be  disgraced,  if 
we  do  not  aid  in  capturing  the  city."     They  went  to  the  doge  and  said 

to  him:   "Sire,  we  will  aid  you  in  capturing  the  city,  in  spite  of  those      » 
who  wish  to  prevent  it." 

86.  Accordingly  the  city  was  surrendered  to  the  mercy  of  the 
doge  of  Venice,  on  condition  that  the  lives  of  the  inhabitants  should  be 
spared.  Then  the  doge  went  to  the  counts  and  barons  and  said  to  them : 
"  vSirs,  we  have  conquered  this  city,  by  the  grace  of  God  and  through 
your  aid.  It  is  now  winter  and  we  can  not  leave  here  until  Easter.  For 
we  should  find  no  provisions  elsewhere ;  and  this  city  is  very  rich  and 
very  well  supplied  with  everything  needful.  Let  us  divide  it  accord- 
ingly into  two  parts  ;  we  will  take  one  half  of  it  and  you  the  other  half." 


8  TRANSLATIONS    AND  REFRINTS. 

III.     THE   DIVERSION  TO  CONSTANTINOPLE. 

Pears,  in  his  preface  and  on  pp.  267  ff.,  discusses  the  causes  of  the  diversion  and 
gives  the  most  important  references.  But  as  he  has  formed  his  own  conclusions 
and  argues  for  his  own  belief,  consult  also 

Tessier  :  La  Diversion  sur  Zara  et  Constantinople.     Paris,   1884, 

Streit :  Venedig  und  die  Wendung  des  vierten  Kreuzzuges  gegen  Constan- 

tinopel.     Anklam,  1877. 
Winkelmann  :  Philip  von  Schwaben  und  Otto  IV.  von  Braunschweig,  Vol.  I, 
Leipzig,  1873.     (Jahrbiicher  der  deutschen  Geschichte). 

I.     The  summons  to  Alexis. 

Robert  de  Clari,  xvi-xvii,  in  Hopf :  Chrpniques,  pp.  11-12.    Old  French. 

XVI.  In  the  meantime  the  crusaders  and  the  Venetians  remained 
at  Zara  during  the  winter.  They  considered  how  great  the  expense  had 
been  and  said  tq  one  another  that  they  could  not  go  to  Babylon  or 
Alexandria  or  Syria  ;  for  they  had  neither  provisions  nor  money  for  the 
journey.  They  had  already  used  up  everything  they  had,  either  during 
the  sojourn  that  they  had  made  or  in  the  great  price  that  they  had  paid 
for  the  vessels.  They  said  that  they  could  not  go  and,  even  if  they 
should  go,  they  would  accomplish  nothing  ;  they  had  neither  provisions 
nor  money  sufficient  to  support  them. 

XVII.  The  doge  of  Venice  saw  clearly  that  the  pilgrims  were 
ill  at  ease.  He  addressed  them,  saying:  "Sirs,  Greece  is  a  very  rich 
land  and  bountifully  supplied  with  everything.  If  we  can  find  a  suf- 
ficient excuse  for  going  there  and  taking  food  and  other  things,  so  as  to 
recuperate  ourselves,  it  would  seem  to  me  advisable,  and  then  we  could 
easily  go  across  the  sea."  Then  the  marquis^  rose  and  said:  "Sir,  I 
was  in  Germany  at  the  emperor's^  court  last  Christmas.  There  I  saw 
a  young  man  who  was  the  emperor's  brother-in-law.  ^  This  young  man 
was  the  son  of  the  emperor  Kyrsac^  of  Constantinople,  from  whom  his 
brother  had  taken  the  empire  of  Constantinople  by  treason.  Whoever 
could  get  this  young  man,"  said  the  marquis,  "could  certainly  go  to  the 
land  of  Constantinople  and  take'  provisions  and  other  things  ;  for  this 
young  man  is  the  rightful  heir." 


^  Boniface,  marquis  of  Montferrat,  the  leader  of  the  crusaders, 

2  Philip  of  Suabia. 

^  Alexis  IV,  brother  of  the  queen  Irene. 

*  Isaac  (II)  Angelos. 


2.      The  proposition  made  by  kiuf^  Philip. 

Ville-Haixlouin,  cIk  xi.\-.\x.      Nos>  91-99.      Old   French. 

91 ''  My  lords,  king  Philip  sends  us  to 

you  and  also  sends  the  son  of  the  eni}:)eror  of  Constantinople,  who  is  his 
wile's  brother. 

92.  "My  lords,  says  the  king,  I  shall  send  you  my  wife's  brother; 
I  place  him  in  the  hands  of  God  (may  He  preserve  him  from  death  \)., 
and  in  your  hands.  Since  you  are  fighting  for  God,  for  the  right  and 
for  justice,  you  ought,  if  it  lies  in  your  power,  to  restore  to  their  inherit- 
ance  those  who  have  been  wrongfully  disposessed.  He  [Alexis]  will 
make  with  you  the  best  agreement  which  has  ever  been  made  by  any 
one  and  he  will  give  you  the  most  powerful  aid  in  conquering  the  land 
of  Ovfre-mer. 

93.  "In  the  fii-st  place,  if  God  permits  you  to  restore  him  to  hi> 
inheritance,  he  will  put  all  the  empire  of  Romania  under  the  o))edience 
of  Rome,  from  which  it  has  been  se})a rated  for  a  long  time.  In  the 
.second  place,  he  knows  that  you  have  spent  your  property  and  that  you 
are  poor ;  he  will  give  you  200,000  marks  of  silver  and  provisions  for 
all  the  membei-s  of  the  army,  hund)le  and  .nol)le.  He  will  himself  go 
with  yon  to  the  land  of  Babylon  or  will  send  thither  with  .you  (if  you 
think  it  better)  10.000  men  at  his  expense.  This  service  he  will  per- 
form for  you  during  one  ye^r.  And  so  long  as  he  lives,  he  will  maintain 
at  bts  own  expense  500  knights  in  the  land  of  Outre-mer,  to  guard 
the  land.  ^ 

94.  "My  lords,  we  have  full  |)ower,"  said  the  messengei-s,  "to  make 
this  agreement,  if  you  wish  to  do  so.  And  be  sure  that  such  a  fine  offer 
was  never  made  to  any  one,  and  he  who  refuses  this  can  have  no  great 
desire  to  conquer."  The  leaders  said  that  they  would  discuss  the  matter 
and  an  assembly  was  appointed  for  the  next  day.  When  the  host  had 
assembled  this  offer  was  presented  to  them. 

95.  There  it  was  hotly  discussed,  "pro  and  cx>n."  The  abbot  of 
Vaux  of  the  order  of  Citeaux  and  the  party  that  wanted  to  break  up 
the  army  said  that  they  would  not  agree  to  it ;  that  it  was  fighting 
against  Christians ;  that  they  had  not  set  out  for  this  purpose,  but  they 
wanted  to  go  to  Syria. 


^  For  other  terms  oftered,  omitted  by  Ville-Hardouin,  see  Pears,  2S1 
p,  II,  below. 


lO  TRANSLATIONS    AND    REPRINTS, 

96.  The  other  party  replied  :  "  Good  sirs,  iu  Syria  you  can  do 
nothing,  you  can  see  that  clearly  from  those  who  have  left  us  and  gone 
to  other  ports.  You  know  that  it  is  through  the  land  of  Babylon  or 
through  Greece  that  the  laud  of  Outre-mer  will  be  reconquered,  if  it  is 
ever  recovered.     If  we  refuse  this  offer,  we  shall  always  be  ashamed." 

97.  The  army  was  in  discord  just  as  you  have  heard.  And  do 
not  wonder  that  the  laymen  could  not  agree  ;  for  the  white  monks  of  the 
order  of  Citeaux  in  the  army  were  also  in  discord.  The  abbot  of  Loos, 
who  was  a  very  holy  and  excellent  man,  and  the  other  abbots  who 
agreed  with  him,  preached  to  the  people  and  cried  out  to  them  to  have 
mercy,  saying  that,  for  God's  sake,  they  ought  to  keep  the  army  together 
and  to  make  this  agreement;  "for  it  is  the  best  means  of  recovering  the 
land  of  Outre-mer. ^^  And  the  abbot  of  Vaux  in  his  turn,  and  those  who 
agreed  with  him,  preached  very  frequently  and  said  that  that  was  all 
wrong ;  that  they  ought  to  go  to  the  laud  of  Syria  and  do  what  they 
could. 

98.  Then  the  marquis  Boniface  of  Montferrat,  Baldwin,  count  of 
Flanders  and  Hainaut,  count  Louis  and  count  Hugh  of  St.  Pol  and 
those  who  belonged  to  their  party,  went  and  said  that  they  would 
make  this  agreement ;  for  they  whould  be  ashamed  to  refuse  it.  So  they 
went  to  the  doge's  lodging  and  the  messengers  were  summoned.  They 
concluded  the  agreement,  just  as  you  have  heard  it  above,  by  their 
oaths  and  by  sealed  compacts. 

99.  And  in  regard  to  this  matter,  the  book  tells  you  that  there 
were  only  twelve  of  the  French  who  made  the  oaths ;  and  they  could 
not  get  any  more.  Of  these,  the  first  was  the  marquis  of  Montferrat, 
count  Baldwin  of  Flanders,  count  Louis  of  Blois  and  Chartres,  the 
count  of  St.  Pol,  and  eight  others  who  agreed  with  them.  So  the 
compact  was  made,  the  securities  given,  and  the  time  fixed  when  the  heir 
of  Gonstantinople  should  come ;  it  was  to  be  a  fortnight  after  Easter. 

3.     Vlie  discussion  after  the  arrival  of  Alexis. 

Roljert  de  Clari,  xxxiii,  in   Hopf :  Chroniques,  p.  24.     Old  French. 

Then  all  the  barons  of  the  army  and  the  Venetians  were  summoned. 
When  they  had  all  assembled,  the  doge  of  Venice  rose  and  said  to  them : 
**  My  lords,  we  have  now  a  sufficieut  excuse  for  going  to  Constantinople, 
if  you  think  it  wise,  for  we  have  the  lawful  heir."  Now  some  who 
did  not  want  t^  go  to  Constantinople,  spoke  thus  ;  "Bah!  what  are  we 
going  to  do  at  Constantinople?     We  have  our  pilgrimage  to  make  and 


THE    DIFFICULTIES    WITH    ALEXIS.  II 

intend  to  go  to  Babylon  or  Alexandria.     Our  ships  are  only  rented  for 
one  year  and  half  the  year  is  already  over." 

The  others  said  in  reply :  "What  are  we  going  to  do  at  Babylon  or 
Alexandria,  since  we  have  neither  provisions  nor  money  enough  to  go  ? 
It  is  better  to  go  where  we  have  a  sufficient  excuse  for  obtaining  money 
and  provisions  by  conquest,  than  to  go  where  we  shall  die  of  hunger. 
Then  we  can  do  it,  and  he  offers  to  go  with  us  and  to  pay  for  our  ships 
and  our  navy  another  year  at  his  ow^n  expense."  And  the  marquis  of 
Montferrat  did  all  in  his  power  to  urge  our  going  to  Constantinople, 
because  he  wished  to  take  vengeance  for  a  wrong  which  the  emperor  of 
Constantinople  had  done  him. 


IV.     THE  DIFFICULTIES   WITH  ALEXIS. 
It  had  been  very  easy  for  Alexis  in  exile  to  make  great  promises.     When  his 
father  was  replaced  on  the  throne  and  he  himself  was  crowned  co-eraperor  they 
fonnd  it  absolutely  impossible   to  fulfill  the  conditions  which  Alexis  had  offered, 
and  to  which  Isaac  had  been  obliged  to  agree.     The  extracts  explain  themselves. 

1.  The  first  payment. 

Robert  de  Clari,  Ivi,  in  Hopf :  Chroniques,  pp.  46-47.     Old  French. 

Afterwards  all  the  barons  assembled  one  day  at  the  palace  of  the 
emperor  and  demanded  of  him  ^  their  pay.  He  replied  that  he  would 
pay  them,  but  he  wished  first  to  be  crowned.  Accordingly  they  made 
preparations  and  set  a  day  for  the  coronation.  On  that  day  he  was 
crowned  emperor  with  due  ceremony,  with  the  consent  of  his  father,  who 
willingly  granted  it.  After  he  had  been  crowned  the  barons  demanded 
their  pay.  He  said  he  would  very  willingly  pay  what  he  could  and  at 
that  time  he  paid  100,000  marks.  Of  this  sum  the  Venetians  received 
one-half;  for  they  were  to  receive  one-half  of  the  conquests.  Of  the 
50,000  which  remained,  86,000,  which  the  Franks  still  owed  for  the  ves- 
sels, were  paid  to  the  Venetians.  And  all  those  who  had  advanced 
money  to  pay  for  the  passage,  w^ere  repaid  out  of  the  14,000  marks  which 
the  pilgrims  had  left. 

2.  The  public  defiance. 

Ville-Hardouin,  ch.  xlvi,  Nos.  212-215.     ^^^  French. 

^  .        212.     They  dismounted  from  their  horses  at  the  gate,  entered  the 
palace  and  found  the  emperor  Alexis  and  the  emperor  Isaac,  his  father, 


Alexis.     The  crusaders  rarely  speak  of  Isaac  as  emperor. 


12  TRANSLATIONS    AND    REPRINTS. 

seated  upon  two  thrones,  side  by  side.  Near  them  was  seated  the 
empress,  who  was  the  father's  wife,  the  son's  step-mother,  and  the  sister 
of  the  king  of  Hungary  ;  a  beautiful  and  good  lady.  A  great  number 
of  nobles  were  with  them  ;  and  it  certainl}^  seemed  the  court  of  a  rich 
prince. 

213.  According  to  the  agreement  with  the  other  messengers,^ 
Conon  of  Bethune,  who  was  very  rich  and  very  eloquent,  spoke :  "  Sire, 
we  have  been  sent  to  you  by  the  barons  of  the  army  and  by  the  doge  of 
Venice.  Know  that  they  reproach  you  because  of  the  great  service 
which  they  have  done  you,  which  everybody  knows  and  which  is  appar- 
ent to  you.  You  have  sworn  to  them,  you  and  your  father,  to  keep 
the  agreement  that  you  have  made  with  them  ;  and  they  have  your 
written  compact.  You  have  not  kept  your  agreement  with  them,  as 
you  ought. 

214.  "  They  have  summoned  you  many  times,  and  we  summon 
you  in  their  name,  before  all  your  barons,  to  keep  the  agreement  wliicli 
you  have  made  with  them.  If  you  do  so,  all  will  be  well  ;  if  you  do 
not  keep  it,  know  that  in  the  future  they  will  consider  you  neither  as 
lord  nor  as  friend  ;  but  they  will  try  to  get  their  rights  in  any  way  they 
can.  They  announce  to  you  that  they  would  injure  neither  you,  nor 
anyone  else,  before  the  defiance  ;  for  they  have  never  acted  treasonably, 
and  in  their  country  it  is  not  the  custom  to  do  so.  You  have  heard 
what  we  have  said  to  you  and  you  can  do  as  you  please." 

215.  The  Greeks  marveled  much  at  this  defiance  and  great  insult. 
They  said  that  no  one  had  ever  been  so  bold  before  as  to  defy  the 
emperor  of  Constantinople  in  his  own  halls.  The  emperor  Alexis 
looked  savagely  at  the  messengers,  and  so  did  all  the  Greeks,  though- 
they  had  on  many  occasions  in  the  past  looked  very  friendly. 

3.     The  doge's  threat. 

Robert  de  Clari,  lix,  in  Hopf :  Chroniques,  pp.  48-49.      Old  French. 

At  these  words  the  barons  left  the  palace  and  returned  to  their  camp. 
After  returning  they  deliberated  upon  the  course  to  follow.  Meanwhile 
they  sent  two  knights  to  the  emperor  and  demanded  again  that  he  should 
pay  them.  He  replied  to  the  messengers  that  he  would  pay  nothirig, 
that  he  had  already  paid  too  much,  and  that  he  was  not  afraid  of  any- 
one. He  also  commanded  them  to  go  away  and  leave  his  land  ;  they 
were  to  understand  that  if  they  did  not  depart,  he  would  injure  them. 
Then  the   messengers   went  back  and   told  the  barons   the   emperor's? 


^  Ville-Hardouin  was  one  of  the  messengers. 


THE  SACK    OF   CONSTANTINOPLE.  1 3 

reply.     When  the  barons  heard  this,  they  deliberated  as  to  what  they 
should  do.     Tl^e  doge  said  that  he  wanted  to  speak  to  the  eniperor. 

He  sent  a  messenger  to  deinand  that  the  eniperor  should  come  to 
the  harbor  to  speak  to  him.  The  emperor  went  on  horseback.  The 
doge  prepared  four  armed  galleys ;  he  went  in  one  and  took  the  other 
three  for  protection.  When  he  was  near  the  shore  he  saw  the 
emperor  who  had  come  on  horseback.  He  addressed  the  latter  as 
follows:  "Alexis,  what  do  you  think  you  are  going  to  do?  Remem- 
ber we  have  raised  you  from  a  very  humble  estate.  We  have  made 
you  lord  and  crowned  you  emperor.  Will  you  not  keep  your  agree- 
ment wdth  us  and  will  you  not  do  more?"  "No,"  replied  the  emperor, 
*'  I  will  not  do  anything  more."  "No  ?"  said  the  doge,"  wretched  boy, 
we  have  raised  you  from  the  mire,^  and  we  will  throw  you  into  the 
mire  again  ;  and  be  sure  that  I  will  do  you  all  the  injury  that  I  can, 
from  this  time  on." 

V.     THE   SACK  OF   CONSTANTINOPLE. 

In  spite  of  the  previous  dissensions,  the  crusaders  were  practically  compelled 
to  act  as  a  unit  in  the  final  attack  on  Constantinople.  Some  of  those  who  had  been 
most  opposed  to  the  diverson  of  the  expedition,  had  left  the  army.  The  argument 
;employed  by  the  bishops  in  the  first  extract  seeitns  to  have  removed  doubts  still  lin- 
gering in  the  minds  of  many. 

The  compact  of  (division  was  made  before  the  capture  pi  the  city,  Ville-Har- 
douin's  account  is  followed  because  it  is  accurate  and  brief.  The  text  is  gixen  in 
Migne :  Patrologia,  Vol.  215,  Col.  517-519,  and  is  reprinted  in  Tessier :  Diver- 
sion sur  Zara  et  Constantinople.     For  further  particulars  see  Pears  337,  etc. 

The  account  of  the  sack,  given  by  Nicetas,  is  not  exaggerated,  as  is  proved  by 
the  letters  of  Innocent  III  (especially  Bk.  viii,  Ep.  133),  and  the  statement  of  many 
other  contemporaries  ;  see  Riant:  Exuviae  sacrae  Consta?itinopolitanae, 
passim.  We  regret  that  we  have  not  space  for  other  extracts  from  Nicetas,  such  as 
his  account  of  hpw  he  saved  his  future  bride  when  she  was  being  carried  off  by  a 
crusader  ;  hjs  description  of  the  statues  that  were  destroyed  (Pears,  p.  355,  trans- 
lates his  account  of  Helen),  and  many  other  picturesque  passages.  Gibbon,  Ch. 
LX,  can  still  be  read  with  profit.  Wilken  :  Geschichte  der  Kreuzzilge,  Vol.  V, 
gives  a  long  account  of  the  destruction  of  the  works  of  art,  in  the  "  Beylagen.''^ 
References  might  be  indefinitely  multiplied,  but  Riant:  Exuviae  contain  the  most 
important. 

The  last  two  extracts  are  added  because  they  show  so  fully  the  feelings  of  the 
age  and  give  some  indication  of  the  immense  quantity  of  relics  brought  from  Con- 
stantinople. 


A  coarse  expression  in  the  original. 


14  TRANSLATIONS    AND    REPRINTS. 

1.  The  sermons  before  the  final  attack  on  Constantinople. 
Robert  de  Clari,  ch.  Ixxii-lxxiii,  in  Hopf:  Chroniques,  pp.  57-58.     Old 
French. 

LXXII.  When  the  pilgrims  saw  this/  they  were  very  angry 
and  grieved  much  ;  they  went  back  from  the  other  side  of  the  harbor 
to  their  lodgings.  When  the  barons  had  returned  and  gotten  ashore, 
they  assembled  and  were  much  amazed,  and  said  that  it  was  on  account 
of  their  sins  that  they  did  not  succeed  in  anything  and  could  not  capture 
the  city.  Meanwhile  the  bishops  and  the  clergy  in  the  army  debated 
and  decided  that  the  war  was  a  righteous  one,  and  that  they  certainly 
ought  to  attack  the  Greeks.  For  formerly  the  inhabitants  of  the  city 
had  been  obedient  to  the  law  of  Rome  and  now  they  were  disobedient, 
since  they  said  that  the  law  of  Rome  was  of  no  account,  and  called  all 
who  believed  in  it  "  dogs."  And  the  bishops  said  that  for  this  reason 
one  ought  certainly  to  attack  them,  and  that  it  w^as  not  a  sin  but  an  act 
of  great  charity. 

LXXIII.  Then  it  was  announced  to  all  the  host  that  all  the 
Venetians  and  everyone  else  should  go  and  hear  the  sermons  on  Sunday 
morning  f  and  they  did  so.  Then  the  bishops  preached  to  the  army, 
the  bishop  of  Soissons,  the  bishop  of  Troyes,  the  bishop  of  Havestaist,  ^ 
master  Jean  Faicette,  ^  and  the  abbot  of  Loos,  and  they  showed  to  the 
pilgrims  that  the  war  was  a  righteous  one  ;  for  the  Greeks  were  traitors 
and  murderers,  and  also  disloyal,  since  they  had  murdered  their  rightful 
lord,  and  were  worse  than  Jews.  And  the  bishops  said  that,  by  the 
authority  of  God  and  in  the  name  of  the  pope,  they  w^ould  absolve  all 
who  attacked  the  Greeks.  And  the  bishops  commanded  the  pilgrims  to 
confess  their  sins  and  receive  the  communion  devoutly ;  and  said  that 
they  ought  not  to  hesitate  to  attack  the  Greeks,  for  the  latter  were 
enemies  of  God.  They  also  commanded  that  all  the  evil  women  should 
be  sought  out  and  sent  away  from  the  army  to  a  distant  place.  This  was 
done ;  the  evil  women  were  all  put  in  a  vessel  and  were  sent  very  far 
away  from  the  army. 

2.  The  compact  of  division. 

Ville-IIardouin,  ch.  li,  Nos.  234-235.     Old  French. 
284.     Then  the  members  of  the  host  debated  and  consulted  upon 
the  best  course  to  pursue.     The  discussion  was  long  and  stormy ;  but 


'  That  the  attack  was  repulsed.     '^  Apr.  ii,  1204. 

•^  Halberstadt.     ■"  De  Noyon,  chancellor  of  Baldwin  of  Flanders. 


ACCOUNT   OF   THE   SACK.  .   15 

the  following  was  the  result  of  the  deliberation :  If  God  granted  that 
they  should  capture  the  city,  all  the  booty  that  was  taken  should  be 
brought  together  and  divided  fairly,  as  w^as  fitting.  And,  if  they 
captured  the  city,  six  men  should  be  chosen  from  the  Franks  ^  and  six 
from  the  Venetians  ;  these  were  to  take  oath  upon  relics  that  they  would 
elect  as  emperor  him  whom  they  should  judge  to  be  the  m.ost  useful  for 
the  good  of  the  land.  And  he  whom  they  chose  as  emperor,  should 
have  one  quarter  of  all  the  conquests  both  in  the  city  and  outside ;  and 
in  addition  he  should  have  the  palace  of  the  Lion's  mouth  and  of 
Blachern.  The  other  three  quarters  §hould  be  divided  into  two  parts, 
one-half  for  the  Venetians  and  one-half  for  the  crusaders.  Then  twelve 
from  the  wisest  of  the  army  of  the  pilgrims  and  twelve  of  the  Venetians 
should  be  chosen  to  divide  the  fiefs  and  the  offices  among  the  men  and 
to  define  the  feudal  service  which  each  one  owed  to  the  emperor. 

235.  This  compact  was  guaranteed  and  sworn  to  both  by  the 
Franks  and  the  Venetians,  with  the  condition  that  any  one  who  wished 
could  go  away  within  one  year  from  the  end  of  March.  Those  who 
remained  in  the  country  must  perform  the  feudal  service  to  the  emperor, 
as  it  might  be  arranged.  Then  the  compact  was  made  and  sworn  to, 
and  all  who  should  not  keep  it,  were  excommunicated  by  the  clergy. 

3.     Account  of  the  sack. 

Nicetas  :  Alexii  Ducae  Imperium,  ch.  iii-iv,  in  Receuil  des  historiens  des 
Croisades,  hist.  grec.  I,  397.     Greek. 

3.  .  .  .  .  How  shall  I  begin  to  tell  of  the  deeds 
wrought  by  these  nefarious  men !  Alas,  the  images,  which  ought  to 
have  been  adored,  were  trodden  under  foot !  Alas,  the  relics  of  the 
holy  martyrs  were  thrown  into  unclean  places !  Then  was  seen  what 
one  shudders  to  hear,  namely,  the  divine  body  and  blood  of  Christ  was 
spilled  upon  the  ground  or  thrown  about.  They  snatched  the  precious 
reliquaries,  thrust  into  their  bosoms  the  ornaments  which  these  contained, 
and  used  the  broken  remnants  for  pans  and  drinking-cups, — precursors 
of  Anti-christ,  authors  and  heralds  of  his  nefarious  deeds,  which  we 
momentarily  expect.  Manifestly,  indeed,  by  that  race  then,  just  as 
formerly,  Christ  was  robbed  and  insulted  and  His  garments  were  divided 
by  lot ;  only  one  thing  was  lacking,  that  His  side,  pierced  by  a  spear, 
should  pour  rivers  of  divine  blood  on  the  ground. 


1  A  collective  name  for  all  the  crusaders. 


1 6   .  TRANSLATIONS    AND   RKPRINTS. 

Nor  can  the  violation  of  the  Great  Church  ^  be  listened  to  with 
equanimity.  For  the  sacred  altar,  formed  of  ail  kinds  of  precious  mate- 
rials and  admired  by  the  whole  world,  was  broken  into  bits  and  distrib- 
uted amony  the  soldiers,  as  was  all  the  other  sacred  wealth  of  so  great 
and  infinite  splendor. 

When  the  sacred  vases  and  utensils  of  unsurpassable  art  and  grace 
and  rare  material,  and  the  fine  silver,  wrought  with  gold,  which  encircled 
the  screen  of  the  tribunal  and  the  ambo,  of  admirable  workmanship, 
and  the  door  and  many  other  ornaments,  were  to  be  borne  away  as  booty, 
mules  and  saddled  horses  were  le^  to  the  very  sanctuary  of  the  temple. 
Some  of  these,  which  were  unable  to  keep  their  footing  on  the  splendid 
and  slippery  pavement,  were  stabbed  when  they  fell,  so  that  the  saci-ed 
pavement  was  polluted  with  blood  and  filth. 

4.  Nay  more,  a  certain  harlot,  a  sharer  in  their  guilt,  a  minister 
of  the  furies,  a  servant  of  the  demons,  a  worker  of  incantations  and 
poisonings,  insulting  Christ,  sat  in  the  patriarch's  seat,  singing  an  obscene 
song  and  dancing  frequently.  Nor,  indeed,  were  these  crimes  committed 
and  others  left  undone,  on  the  ground  that  these  were  of  lesser  guilt,  the 
others  of  greater.  But  with  one  consent  all  the  most  heinous  sins  and 
and  crimes  were  committed  by  all  with  equal  zeal.  Could  those,  who 
showed  so  great  madness  against  God  Himself,  have  spared  the  honor- 
able matrons  and  maidens  or  the  virgins  consecrated  to  God  ? 

Nothing  was  more  difficult  and  laborious  than  to  soften  by  prayers, 
to  render  benevolent,  these  wrathful  barbarians,  vomiting  forth  bile  a^t 
every  unpleasing  word,  so  that  nothing  failed  to  inflame  their  fury. 
Whoever  attempted  it  was  derided  as  insane  and  a  man  of  intemperate 
language.  Often  they  drew  their  daggers  against  anyone  who  opposed 
them  at  all,  or  hindered  their  demands. 

No  one  was  without  a  share  in  the  grief.  In  the  alleys,  in  the 
streets,  in  the  temples,  complaints,  weeping,  lamentations,  grief)  the 
groaning  of  men,  the  shrieks  of  women,  wounds,  rape,  captivity,  the 
separation  of  those  most  closely  united.  Nobles  wandered  about  ignom- 
inously,  those  of  venerable  age  in  tears,  the  rich  in  poverty.  Thus  it 
was  in  the  streets,  on  the  corners,  in  the  temple,  in  the  dens,  for  no  place 
remained  unassailed  or  defended  the  suppliants.  All  places  everywhere 
were  filled  full  of  all  kinds  of  crime.  Oh,  immortal  God,  how  great 
the  afflictions  of  the  men,  how  great  the  distress  ! 

^  St.  Sophia. 


ABBOT    martin's    J  IIEFT    OF    RELICS.  Ij 

4.     Abbot  Martinis  thefi  of  rein  s. 

Gunther  :   Historia  Constantinopolitana,  ch,  xix,  in  Migne  :  Patrologia, 
Vol.  212,  col.  245-6.      Latin. 

While  these  victors  were  rapidly  plundering  the  conquered  city, 
which  was  theirs  by  right  of  conquest,  the  abbot  Martin  l^egan  to  cogi- 
tate about  his  own  share  of  the  booty,  and  lest  he  alone  should  remain 
empty-hauded,  while  all  ihe  others  became  rich,  he  resolved  to  seize 
upon  plunder  with  his  own  sacred  hands.  But  since  he  thought  it  not 
meet  to  handle  any  booty  of  worldly  things  with  those  sacred  hands,  he 
began  to  plan  how  he  might  secure  some  portion  of  the  relics  of  the 
saints,  of  which  he  knew  there  was  a  great  quantity  in  the  city. 

Accordingly,  haviug  a  presenliment  of  some  great  result,  he  took 
with  him  one  of  his  two  chaplains  and  went  to  a  church^  which  was 
held  in  great  reverence  because  in  it  the  mother  ^  of  the  most  famous 
emperor  ManueP  had  a  nolde  grave,  which  seemed  of  importance  to  the 
Greeks  but  ours  held  for  naught.  There  a  very  great  amount  of  money 
brought  in  from  all  the  surrouuding  country  was  stored,  and  also  pre- 
cious relics,  which  the  vain  hope  of  security  had  caused  them  to  bring  in 
from  the  neighboring  churches  and  mouaslories.  Those,  whom  the 
Greeks  had  driven  out,  had  told  us  of  this  betbre  the  capture  of  the  city. 
When  many  pilgrims  broke  into  this  church  and  some  were  eagerly 
engaged  in  stealing  gold  aud  silver,  others  precious  stones,  Martin, 
thinkiug  it  unbecoming  to  commit  sacrilege  except  in  a  holy  cause, 
sought  a  more  retired  spot  where  the  very  sanctity  of  the  place  seemed 
to  promise  that  what  he  desired  might  be  found. 

There  he  found  an  aged  man  of  agreeable  countenance,  having  a  long 
and  hoary  beard,  a  priest,  but  very  unlike  our  priests  in  his  dress. 
Thinking  him  a  layman,  the  abbot,  though  inwardly  calm,  threatened 
him  with  a  very  ferocious  voice,  saying:  "Come,  perfidious  old  man, 
show  me  the  most  powerful  relics  you  have,  or  you  shall  die  immedi- 
ately." The  latter,  terrified  by  the  sound  rather  than  the  words,  since 
he  heard  but  did  not  understand  what  was  said,  and  knowing  that 
Martin  could  not  speak  Greek,  began  in  the  Romana  lingua,  of  which 
he  knew  a  little,  to  entreat  Martin  and  by  soft  words  to  turn  away  the 
latter' s  wrath,  which  in  truth  did  not  exist.     In  reply,  the  abbot  suc- 


The  church  of  Pantokrator. 
Irene,  died  1124. 
Manuel  (I)  Komnenos. 


1 8  TEANSLATIONS    AND    REPRINTS. 

ceeded  in  getting  out  a  few  words  of  the  same  language,  siifflcient  to 
make  the  old  man  understand  what  he  w^anted.  The  latter,  observing 
Martin's  face  and  dress,  and  thinking  it  niore  tolerable  that  a  religious 
man  should  handle  the  sacred  relics  with  fear  and  reverence,  than  that 
w^orldly  men  should,  perchance,  pollute  them  with  their  worldly  hands, 
opened  a  chest  bound  Avith  iron  and  showed  the  desired  treasure,  which 
was  more  grateful  and  pleasing  to  Martin  than  all  the  royal  wealth  of 
Greece.  The  abbot  hastily  and  eagerly  thrust  in  both  hands  and  work- 
ing quickly,  filled  with  the  fruits  of  the  sacrilege  both  his  own  and  his 
chaplain's  bosom.  He  wisely  concealed  what  seemed  the  most  valuable 
and  departed  without  opposition. 

Moreover  what  and  how  worthy  of  veneration  those  relics  were,  is 
told  more  fully  later.  ^  When  he  was  hastening  to  his  vessel,  so  stuffed 
full,  if  I  may  use  the  expression,  those  who  knew  and  loved  him,  saw  him 
from  their  ships  as  they  were  themselves  hastening  to  the  booty,  and 
inquired  joyfully  whether  he  had  stolen  anything,  or  with  what  he  was 
so  loaded  dow^n  as  he  walked.  With  a  joyful  countenance,  as  always, 
and  with  pleasant  word^  he  said  :  "  We  have  done  well."  To  which 
they  replied  :  "  Thanks  be  to  God." 

5.     List  of  relics  stolen  by  abbot  Martin. 

Gunther,  ch.  xxiv,  in  Migne  :  Patrologia,  Vol.  212,  col.  253-4.     Latin. 

Therefore  "  Blessed  be  the  Lord  God,  who  only  doeth  wondrotis 
things,"  who  in  His  unspeakable  kindness  and  mercy  has  looked  upon 
and  made  glorious  His  church  at  Paris  ^  through  certain  gifts  of  His 
grace,  which  He  deigned  to  transmit  to  us  through  the  venerable  man, 
already  so  frequently  mentioned,  abbot  Martin.  In  the  presence  of 
these  the  church  exults  and  by  their  protection  any  soul  faithful  to  God 
is  aided  and  assisted.  In  order  that  the  readers'  trust  in  these  may  be 
strengthened,  we  have  determined  to  give  a  partial  list. 

First,  of  the  highest  importance  and  worthy  of  all  veneration,  a 
trace  of  the  blood  of  our  Lord  Jesus  Christ,  which  was  shed  for  the 
redemption  of  all  mankind. 

Second,  a  piece  of  the  true  cross  on  which  the  Son  of  the  Father,  the 
new  Adam,  sacrificed  for  us,  paid  the  debt  of  the  old  Adam. 

Third,  a  fair-sized  piece  of  St.  John,  the  fore-runner  of  our  Lord. 

Fourth,  the  arm  of  St.  James,  the  Apostle,  whose  memory  is  vener- 
ated by  the  whole  church. 


'  See  number  5.     '^  In  upper  Elsass. 


^  HELICS    STOLEN    BY    ABBOT    MARTIN.  1 9 

There  were  also  fragniejits  of  the  follovviDg  saints  : 

Christopher,  the  martyr. 

George,  the  martyr. 

Theodore,  the  martyr. 

The  foot  of  St.  Cosmas,  the  martyr. 

Part  of  the  head  of  Cyprian,  the  martyr. 

Pautaleoii,  the  martyr. 

A  tooth  of  St.  Lawrence. 

Demetrius,  the  martyr. 

Stephen,  the  first  martyr. 

Vincentiiis,  Adjutns,  IManritius  and  his  companion. 

Crisantius  and  Darius,  the  martyi*s. 

Gervasius  and  Protasius,  the  martyrs. 

Primus,  the  martyr. 

Sergius  and  Bacchus,  the  martyrs. 

Protus,  the  martyr. 

John  and  Paul,  the  martyrs. 
Also  portions  of  the  following :  the  place  of  the  Nativity  of  our 
Lord;  Calvary;  our  Lord's  sepulchre;  the  stone  rolled  away;  the 
place  of  our  Lord's  ascension :  the  stone  on  which  John  stood  when  he 
baptized  the  Lord ;  the  spot  where  Christ  raised  Lazarus ;  the  stone  on 
w^hich  Christ  was  presented  in  the  temple ;  the  stone  on  which  Jacob 
slept ;  the  stone  where  Christ  fasted  ;  the  stone  where  Christ  prayed : 
the  table  on  w^hich  Christ  ate  the  supper  ;  the  place  where  he  was 
captured  ;  the  place  where  the  mother  of  our  Lord  died ;  her  grave ; 
the  grave  of  St.  Peter,  the  apostle  ;  the  relies  of  the  holy  apostles,  Andrew 
and  Philip ;  the  place  where  the  Lord  gave  the  law  to  Moses ;  the  holv 
patriarchs,  Abraham,  Isaac  and  Jacob  ;  St.  Kicholas,  the  bishop ; 
Agricius,  the  bishop ;  John  Chrysostom ;  John,  the  almsgiver ;  the  Vir- 
gin's milk ;  Margaret,  Perpetua,  Agatha,  Agnes,  Lucia,  Cecilia,  Adel- 
gundis  and  Euphemia,  the  virgins. 

Written  and  sealed,  in  the  year  of  our  Lord's  Incarnation,  1205, 
in  the  reign  of  Philip,  king  of  the  Romans,  Innocent  the  pope,  presiding 
over  the  holy  Roman  church,  in  the  presence  of  Luthaldus  of  Basel  and 
Henry  of  Strassburg. 


20  TRANSLATIONS    AND    REPRINTS. 

VI.     ATTITUDE  OF  INNOCENT  III. 

This  has  given  rise  to  much  discussion.      He  was  very  anxious  for  a  nevi^  cru- 
sade and  offered  large  privileges,  (see  Ville-IIardouin  ch.  I,  No.  2).      He  wrote, 

"If  men  perish,  if  the  churches  are  weakened,  if  the  poor  are  oppressed, all 

this  is  of  less  consequence  than  the  loss  of  Palestine. "  ^  But  he  seems  to  have  mis- 
trusted the  Venetians  (see  Gesta  Inn.  No.  84)  and  did  not  heartily  approve  of 
the  arrangements  made.  He  felt  very  indignant  at  the  capture  of  Zara  ;  '^Satan  has 
impelled  you  to  turn  your  swords  against  a  Christian  people  ;"  "you  have  offered  to 
the  devil  the  first  fruits  of  3'our  pilgrimage."  He  excommunicated  all  who  took 
part  in  the  capture  and  released  the  crusaders  from  the  ban  only  under  necessity. 
The  Venetians  were  still  excommunicated.  He  commanded  them  not  to  go  to  Con- 
stantinople and  was  extremely  indignant  at  the  first  attack  on  that  city.  Even  after 
the  final  capture  of  Constantinople  and  the  restoration  of  the  Greek  church  to 
obedience  to  Rome,  he  seems  to  have  regretted  the  failure  of  the  crusade.  He  con- 
tinues his  reproaches,  although  he  seems  to  have  believed  that  the  divine  Providence 
had  miraculously  used  the  deeds  of  sinful  men  for  its  own  good  purpose. 
We  cannot  wholly  trust  Pears'  account.    Consult  also  : 

Hurter :    Geschichte  Pabst   Innocenz   III.    und   seiner   Zeitgenossen.   4  vols. 
Hamburg,  1 834- 1 842. 

Tessier :  La  Diversion  sur  Zara  et  Constantinople. 

I.     Innocent  commands  criisaders  to  stay  at  Co?istantinopIe. 

Epistolse  Bk.  viii,  No.  63,  in  Tessier:  Diversion  etc.,  pp.  235-6.    Latin. 

To  all  the  clergy  aud  people  in  the  Christian  army  at  CoDStantiuople. 

If  the  Lord  had  granted  the  desires  of  His  humble  servants  sooner, 
and  had  transferred,  as  He  has  now  done,  the  empire  of  Constantinople 
from  the  Greeks  to  the  Latins  before  the  fall  of  the  Holy  Land,  perhaps 
Christianity  would  not  be  weeping  to-day  over  the  desolation  of  the  land 
of  Jerusalem.  Since,  therefore,  through  the  wonderful  transference  of 
this  empire  God  has  deigned  to  open  to  you  a  way  to  recover  that  land, 
and  the  detention  of  this  may  lead  to  the  restoration  of  that,  we  advise 
and  exhort  you  all,  and  we  enjoin  upon  you  for  the  remission  of  your 
sins,  to  remain  for  a  year  in  Romania,  in  order  to  strengthen  the  empire 
in  its  devotion  to  the  Apostolic  See  and  to  us,  and  in  order  to  retain  it 
in  the  power  of  the  Latins ;  and  to  give  wise  advise  and  efficient  aid  to 
Baldwin,  our  most  l)eloved  son'in  Christ,  the  illustrious  emperor  of  Con- 
stantinople; unless,  perchance,  your  presence  in  the  Holy  Land  should 
be  necessary  before  that  time,  in  which  case  you  ought  to  hasten  to 
guard  it  l)efore  the  year  ehijjses. 
Dated,     .     \     .     .' 

'  See  Pears,  226. 

'^  Pottliast :  Re^estapont.  Ro^n.  No.  2507,  gives  date,  as  possibly,  May  20,  1205. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 


Vor,.  III.         Statisticai,  Documents  of  the  Middi^e  Ages.         No.  2. 
TABLE  OF  CONTENTS. 

PAGE 

I.        CapituIvARy  "DeViIvI^is"  OF  Charles  THE  Great,  .   .    .  2 

II.        Inventory  of  an  Estate  of  Charlies  the  Great,  .   .  4 

III.  (a)  Instructions  for  CoIvIvEction  of  Domesday  Returns,  6 
(b)  Extract  from  Domesday  Book,  County  of  Norfoi^k  6 

IV.  Levy  of  Troops  for  Wars  in  Bohemia,  1422,     ....  8 

V.        Resources  of  Venice,  1421, 11 

VI.        Memorandum  of  the  Power  and  Revenues  of  the 

States  of  Europe  in  142—, 14 

VII.        Taxes  of  the  Kingdom  of  Jerusai^em, 19 


INTRODUCTION. 

The  German  publicist  von  Schlozer  writing  in  1804  said  that  "Statistics  is  his- 
tory standing  still,  history  statistics  in  motion."  Though  to-day  the  dictum  would 
be  rejected  by  both  historian  and  statistician,  it  remains  true  that  while  history  is 
mainly  occupied  in  describing  events,  statistics  is  chiefly  concerned  in  depicting  con- 
ditions. In  this  broad  sense,  therefore,  we  may  be  allowed  to  speak  of  statistical 
documents  in  the  middle  ages. 

It  is  readily  conceded  that  statistics  in  the  modern  sense  have  not  been  trans- 
mitted to  us  from  the  antique  or  mediaeval  civilization.  In  the  modern  sense  statis- 
tic means  to  us  a  comprehensive  inquiry  into  definite  facts  capable  of  expression  in 
numerical  terms,  within  a  well  defined  geographical  area  and  in  a  definite  period  of 
time.  Such  inquiries,  ranking  among  the  latest  products  of  a  highly  developed 
political  and  social  life  cannot  be  looked  for  in  a  period  of  nascent  civilization. 

The  carefully  organized  statistical  work  of  modern  governments  is  the  outgrowth 
of  a  long  developement  of  It  administrative  functios  and  is  intimately  bound  up 
with  the  latter.  Whenever  we  find  an  orderly  administration,  we  find  traces  of 
statistics.  For  without  records  such  administration  could  not  be  carried  out,  and 
it  is  only  a  question  of  arrangement,  whether  such  records  assume  a  statistical  form. 
We  can  therefore  find  in  the  middle  ages,  the  records  of  statistical  beginnings.     It 


2  TRANSLATIONS    AND    REPRINTS. 

is  with  such  beginnings  that  we  are  concerned  in  the  present  issue.  Statistically 
they  are  in  the  crudest  form  of  arrangement.  Their  historical  interest  in  giving  a 
glimpse  however  incomplete  of  the  time  to  which  they  relate,  may  serve  as  a  justifi- 
cation for  the  results,  which  from  the  standpoint  of  statistics  must  be  deemed  meagre 
in  the   extreme. 

The  documents  bearing  upon  the  history  of  statistics  which  the  middle  ages 
have  bequeathed  to  us,  may  be  classed  in  two  fairly  distinct  groups.  The  one  gives 
us  a  record  of  the  execution  of  various  administrative  measures  involving  statis- 
tic work,  and  sometimes  preserving  the  instructions  or  laws  upon  which  such  inquiries 
were  based.  The  second  gives  us  some  actual  results,  oftentimes  partial  in  their 
scope,  yet  indicative  of  the  conditions  which  the  measures  must  have  revealed. 

Historians  of  statistics  have  recorded  the  references  to  a  considerable  number 
of  administrative  undertakings  which  must  have  had  a  statistical  interest.  In  this 
issue  we  have  selected  a  few  illustrations  of  the  two  types  of  documents  above 
named.  The  following  extracts  have  been  taken  direct  from  the  original  documents. 
Especial  attention  is  directed  to  number  IV,  V,  and  VI,  which  present  a  very  striking 
Combination  of  information  from  different  sources,  relative  the  same  epoch.  Being 
separately  printed  the  importance  of  these  extracts  as  a  group  might  pass  unobserved. 

I.  ARTICLES  FROM  THE  CAPITULARY  "  DE  VILLIS.  " 
Mon.  Ger.  Hist.  Legum  I,  185-186.  Latin. 
In  the  capitularies  of  Charles  the  great  the  high  administrative  ability  of 
that  ruler  is  clearly  manifested.  They  contain  several  ordinances  relating  to  the 
general  affairs  of  the  realm,  such  as  the  military  service,  which  indicate  the  existence 
of  a  fairly  compact  administrative  system.  The  capitulary  "de  Villis"  from  which 
a  few  extracts  are  given  relates  to  the  royal  domains.  The  first  section  quoted  may 
be  regarded  as  a  statistical  instruction  to  the  officials.  In  it  several  items,  men- 
tioned specifically  in  other  sections  are  not  enumerated.  They  are  added  to  show 
the  general  character  of  the  domains.  They  indicate,  that  the  section  62  is  merely 
a  general  instruction  and  is  not  intended  as  a  schedule.  The  whole  capitulary  of 
which  only  a  part  is  here  given  throws  an  interesting  light  upon  the  character  of  the 
royal  revenues  of  the  period.  In  this  translation  we  acknowledge  our  indebtedness  to 
the  scholarly  edition  of  the  "de  Villis"  by  Guerard,  in  Bibliotheque  de  L'Ecole  des 
Chartes.     In  dubious  passages  we  have  followed  the  interpretation  of  this  author. 

62.  That  each  steward  shall  make  an  annual  statement  of  all  our  in- 
come :  an  account  of  our  lands  cultivated  by  the  oxen  which  our  plough- 
men drive  and  of  our  lands  which  the  tenants  of  farms  ought  to  plough  ; 
an  account  of  the  pigs,  of  the  rents,^  of  the  obligations  and  fines ;  of  the 
game  taken  in  our  forests  without  our  permission  ;  of  the  various  compo- 
sitions ;  of  the  mills,  of  the  forest,  of  the  fields,  of  the  bridges,  and  ships : 
of  the  free-men  and  the  hundreds  who  are  under  obligations  to  our  treas- 
ury ;  of  markets,  vineyards,  and  those  who  owe  wine  to  us ;  of  the  hay, 


Guerard  thinks  this  means  the  payment  for  the  right  to  keep  pigs  in  the  woods. 


CAPITULARY    "DE    VILLIS.  3 

fire-woocl,  torches,  planks,  and  other  kinds  of  lumber ;  of  the  waste-lands ; 
of  the  vegetables,  millet,  panic ;  of  the  wool,  flax,  and  hemp ;  of  the  fruits 
of  the  trees,  of  the  nut  trees,  larger  and  smaller ;  of  the  grafted  trees  of 
all  kinds ;  of  the  gardens ;  of  the  turnips ;  of  the  fish-ponds ;  of  the  hides, 
skins,  and  horns  ;  of  the  honey,  wax ;  of  the  fat,  tallow  and  soap ;  of  the 
mulberry  wdne,  cooked  wine,  mead,  vinegar,  beer,  wine  new  and  old ;  of 
the  new  grain  and  the  old ;  of  the  hens  and  eggs ;  of  the  geese ;  the  number 
^  of  fishermen,  smiths  [workers  in  metal] ,  sword-makers,  and  shoe-makers 
of  the  bins  and  boxes ;  of  the  turners  and  saddlers ;  of  the  forges  and 
minies,  that  is  iron  and  other  mines;  of  the  lead  mines;  of  the  tributaries; 
of  the  colts  and  fillies  ;  they  shall  make  all  these  known  to  us,  set  forth 
separately  and  in  order,  at  Christmas,  in  order  that  we  may  know  what 
and  how  much  of  each  thing  we  have. 

22.  In  each  of  our  estates  our  stew^ards  are  to  have  as  many  cow- 
houses, piggeries,  sheep-folds,  stables  for  goats,  as  possible,  and  they 
ought  never  to  be  without  these.  And  let  them  have  in  addition  cows 
furnished  by  our  serfs  for  performing  their  service,  so  that  the  cow-houses 
and  plows  shall  be  in  no  way  weakened  by  the  service  on  our  demense. 
And  when  they  have  to  provide  meat,  let  them  have  steers  lame,  but 
healthy,  and  cow^s  and  horses  which  are  not  mangy,  or  other  beasts 
which  are  not  diseased  and,  as  we  have  said,  our  cow^-houses  and  plows 
are  not  to  be  weakened  for  this. 

34.  They  must  provide  with  the  greatest  care,  that  whatever  is 
prepared  or  made  with  the  hands,  that  is,  lard,  smoked  meat,  salt  meat, 
partially  salted  meat,  wine,  vinegar,  mulberry  wine,  cooked  wine,  gams,  ^ 
mustard,  cheese,  butter,  malt,  beer,  mead,  honey,  wax,  flour,  all  should 
be  prepared  and  made  with  the  greatest  cleanliness. 

40.  That  each  steward  on  each  of  our  domains  shall  always  have, 
for  the  sake  of  ornament,  swans,  peacocks,  pheasants,  ducks,  pigeons, 
partridges,  turtle-doves. 

42.  That  in  each  of  our  estates,  the  chambers  shall  be  provided 
with  counterpanes,  cushions,  pillow  s,  bed-clothes,  coverings  for  the  tables 
and  benches ;  vessels  of  brass,  lead,  iron  and  wood  ;  andirons,  chains, 
pot-hooks,  adzes,  axes,  augers,  cutlasses  and  all  other  kinds  of  tools,  so 
that  it  shall  never  be  necessary  to  go  elsewhere  for  them,  or  to  borrow 
them.     And  the  weapons,  which  are  carried  against  the  enemy,  shall  be 


A  kind  of  fermented  liquor. 


4  TRANSLATIONS    AND    REPRINTS. 

well  cared  for,  so  as  to  keep  them  in  good  condition ;  and  when  they  are 
brought  back  they  shall  be  placed  in  the  chamber. 

43.  For  our  women's  work  they  are  to  give  at  the  proper  time,  ag 
has  been  ordered,  the  materials,  that  is  the  linen,  wool,  woad,  vermillion, 
madder,  wool -combs,  teasels,  soap,  grease,  vessels  and  the  other  obje^;ts 
which  are  necessary. 

44.  Of  the  food-products  other  than  meat,  two-thirds  shall  be  sent 
each  year  for  our  own  use,  that  is  of  the  vegetables,  fish,  cheese,  butter,, 
honey,  mustard,  vinegar,  millet,  panic,  dried  and  green  herbs,  radishes, 
and  in  addition  of  the  wax,  soap  and  other  small  products ;  and  they 
tell  us  how  much  is  left  by  a  statement,  as  we  have  said  above;  and  they 
shall  not  neglect  this  as  in  the  past ;  because  from  those  two-thirds,  we 
wish  to  know  how  much  remains. 

45.  That  each  steward  shall  have  in  his  district  good  workmen, 
namely,  blacksmiths,  gold-smith,  silver-smith,  shoe-makers,  turners, 
carpenters,  sword-makers,  fishermen,  foilers,  soap-makers,  men  who  know 
how  to  make  beer,  cider,  berry,  and  all  the  other  kinds  of  beverages, 
bakers  to  make  pastry  for  our  table,  net-makers  who  know  how  to  make 
nets  for  hunting,  fishing  and  fowling,  and  the  other  who  are  too  numer- 
ous to  be  designated. 

II.     INVENTOR  V  OF  AN  EST  A  TE  OF  CHARLES  THE  GREA  T. 

Mon.  Ger,  Hist.  LL.  I,  pp.  178-179.      Latin. 

This  inventory  is  a  specimen  of  those  required  in  the  capitulary.  It  refers 
to  a  small  estate,  the  location  of  which  is  unknown.  Rude  domestic  and 
agricultural  conditions  are  clearly  reflected  in  this  account  of  an  estate  destined 
to  harbor  temporarily  the  royal  person  and  his  officers. 

We  found  in  the  domain  estate  of  Asnapium  a  royal  house  built  of 
stone  in  the  best  manner,  o  rooms ;  the  whole  house  surrounded  with 
balconies,  with  11  apartments  for  women;  beneath  1  cellar  ;  2 porticoes; 
17  other  houses  built  of  wood  within  the  court-yard  with  as  many  rooms 
and  other  appurtenances,  well  built ;  1  stable,  1  kitchen,  1  mill,  1  grana- 
ry, 8  barns. 

The  yard  surrounded  carefully  with  a  hedge  and  stone  gateway 
and  above  a  balcony  from  which  to  make  distributions.  An  inner  yard, 
likewise  enclosed  within  a  hedge,  arranged  in  a  suitable  manner  planted 
with  various  kinds  of  trees. 

Vestments:  coverings  for  1  bed,  1  table  cloth,  1  towel. 

Utensils :   2  brass  kettles,  2  drinking  cups,  2  brass  cauldrons,   1 


AN    ESTATE    OF    CHARLES    THE    GREAT.  5 

iron  one,  1  frying-pay,  1  gramalmin,  1  pair  of  andirons,  1  lamp,  2 
hatchets,  1  chisel,  2  augers,  1  axe,  1  knife,  1  large  plane,  1  plane,  2 
scythes,  2  sickles,  2  spades  tipped  with  iron.  Enough  wooden  utensils 
for  use. 

Farm  produce :  old  spelt  from  last  year,  90  baskets  which  can  })e 
made  into  450  weight  of  flour;  100  measures  of  barley.  From  the  pres- 
ent year,  110  baskets  of  spelt,  planted  60  baskets  from  the  same,  the  rest 
we  found  ;  100  measures  of  wheat,  60  sown,  the  rest  we  found ;  98 
measures  of  rye  all  sown  ;  1800  measures  of  barley,  1100  sown,  the  rest 
we  found  ;  430  measures  of  oats,  1  measure  of  beans,  12  measures  of  peas 
At  the  5  mills,  800  measures,  small  measures.  At  the  4  breweries,  650 
measures,  small  measures,  240  given  to  the  prebendaries,  the  rest  we 
found.  At  the  2  bridges,  60  measures  of  salt  and  2  shillings.  At  the  4, 
gardens,  11  shillings.  Honey,  3  measures  ;  about  1  measure  of  butter  ; 
lard,  from  last  year  10  sides,  new  sides  200  with  fragments  and  fats, 
cheese  from  the  present  year  43  w^eights. 

Of  cattle; -51  head  of  larger  cattle,  5  three-year  olds,  7  two-year- 
olds,  7  yearlings  ;  10  two-year-old  colts,  8  yearlings,  3  stallions;  16  cows; 

2  asses ;  50  cows  with  calves,  20  young  bullocks,  38  yearling  calves,  3 
bulls,  260  hogs,  100  pigs,  5  boars,  150  sheep  with  lambs,  200  yearling 
lambs,  120  rams,  30  goats  with  kids,  30  yearling  kids,  3  male  goats,  30 
geese,  80  chickens,  22  peacocks. 

Also  concerning  the  dependencies  which  pertain  to  the  above  man- 
sion.    In  the  villa  of  Grisio  we  found  domain  buildings,  where  there  are 

3  barns  and  a  yard  surrounded  by  a  hedge.  There  is  there  1  garden 
with  trees,  10  geese,  8  ducks,  30  chickens. 

In  another  villa.  We  found  domain  buildings  and  a  yard  sur- 
rounded by  a  hedge  and  within  3  barns,  1  arpent  of  vines,  1  garden 
with  trees,  15  geese,  20  chickens. 

In  a  third  villa,  domain  buildings.  It  has  2  barns,  1  granary,  1 
garden,  1  yard  well  enclosed  by  a  hedge. 

We  found  all  the  dry  and  liquid  measures  just  as  in  the  palace. 
We  did  not  find  any  goldsmiths,  silversmiths,  blacksmiths,  huntsmen  or 
persons  engaged  in  other  services. 

The  garden  herbs  which  we  found  were  lily,  putchuck,  mint,  par- 
sley, rue,  celery,  libesticum,  sage,  savory,  juniper,  leeks,  garlic,  tansy, 
wild  mint,  coriander,  scullions,  onions,  cabbage,  kohl-rabi,  betony. 
Trees:  pears,  apples,  medlars,  peaches,  filberts,  walnuts,  mulberries, 
quinces. 


6  TRANSLATIONS    AND    KEPKINTS. 

Ilia.     INSTRUCTIONS  FOR  COLLECTION  OF  THE  DOMESDA  Y 

RETURNS. 

Inquisitio  Elieitsis,     Domesday  Book  :  Additamenta,  p.  495.     Latin. 

The  first  approach  to  a  modern  assessment  roll  or  cataster  is  the  well  known 
Domesday  Book.  The  existing  literature  on  this  remarkable  memorial  is  so 
extensive,  that  it  has  not  appeared  advisable  to  quote  largely  from  it.  Our  first 
quotation  contains  the  instructions  issued  to  the  Commissioners  who  made  the 
record.  The  second  is  a  specimen  return.  There  is  a  wide  variety  in  the  returns, 
though  certain  factors  recur  constantly  in  each  statement.  The  survey  is  the  most 
extensive  document,  embracing  as  it  does  the  entire  area  of  England  held  by  the 
Conqueror,  which  we  possess  in  regard  to  mediaeval  times.  It  is  important  to 
note  how  the  feudal  power  as  founded  by  William  is  no  longer  dependent  like  the 
Empire  of  Charles  upon  the  personal  estates  the  crown,  but  brings  the  entire  land 
under  its  influence  through  the  feudals  dues,  and  thus  paves  the  way  for  the  modern 
state  founded  upon  the  obligations  of  all  its  citizens. 

Here  is  subscribed  the  inquisition  of  lands  as  tlie  barons  of  the  king 
have  made  inquiry  into  tliem  ;  that  is  to  say  by  the  oath  of  the  sheriff  of 
the  shire,  and  of  all  the  barons  and  their  Frenchmen,  and  the  whole 
hundred,  the  priests,  reeves,  and  six  villains  of  each  manor ;  then,  what 
the  manor  is  called,  who  held  it  in  the  time  of  king  Edward,  who  holds 
now  ;  how  many  hides,  how  many  plows  in  demesne,  how  many  belong- 
ing to  the  men,  how  many  villains,  how  many  cottars,  how  many  serfs, 
how  many  free-men,  how  many  socmen,  how  much  woods,  how  much 
meadow,  how  many  pastures,  how  many  mills,  how  many  fish-ponds,  how 
much  has  been  added  or  taken  away,  how  much  it  was  worth  altogether 
at  that  time,  and  how  much  now,  how  much  each  free  man  or  socman 
had  or  has.  All  this  threefold,  that  is  to  say  in  the  time  of  king 
Edward,  and  when  king  William  gave  it,  and  as  it  is  now  ;  and  whether 
more  can  be  had  than  is  had. 

Illb.     EXTRACT  FROM  DOMESDAY  SURVEY  OF  THE  COUNTY 

OF  NORFOLK. 
Domesday  Book,  Vol.  2,  pp  153-154.     Latin. 

The  land  of  Robert  Malet. 

Fredrebruge  Hundred  and  half  Glorestorp.  Godwin,  a  freeman, 
held  it.  Two  carucates  of  land  in  the  time  of  khig  Edward.  Then  and 
afterwards  8  villains ;  now  8.  Then  and  afterwards  8  bordars ;  now  5. 
At  all  times  8  serfs,  and  80  acres  of  meadow.  At  all  times  2  carucates 
in  demesne.     Thoi  half  a  carucate  of  the  men,  and  now.      Woods  for  8 


DOMESDAY  SURVEY,  NORFOLK.  7 

swiue,  and  2  mills.  Here  are  located  18  socmen,  of  40  acres  of  land. 
When  it  was  received  there  were  2  r.,^  now  1.  At  all  times  8  swine, 
then  20  sheep,  and  it  is  worth  60  shillings. 

There  is  situated  there,  in  addition,  one  berewick,  as  the  manor  of 
Heuseda.  In  the  time  of  king  Edward,  1  carucate  of  land ;  then  and 
afterwards  7  villains,  now  5.  At  all  times  12  bordars,  and  3  serfs,  and 
40  acres  of  meadow;  1  mill.  Woods  for  16  swine  and  1  salt  pond  and 
a  half.  Then  1  r.,  and  now  and  14  swine,  30  sheep,  and  50  goats.  In 
this  berewick  are  located  3  socmen,  of  10  acres  of  land,  and  it  is  worth  30 
shillings.  The  two  manors  have  2  leagues  in  lengthand  4  firlongs  in 
breadth.  Whosoever  is  tenant  there,  returns  12  pence  of  the  twenty 
shillings  of  geld. 

Scerpham  Hundred  Culverstestun  Edric  held  it  in  the  time  of  king 
Edward.  Two  carucates  of  land.  At  all  times  there  were  4  villains, 
and  1  bordar,  and  4  serfs ;  5  acres  of  meadow  and  two  carucates  in  the 
demesne.  Then  and  afterwards  1  carucate,  now  one-half.  At  all  times 
1  mill  and  one  fish  pond.  Here  is  located  1  socman  of  the  king,  of  40 
acres  of  land ;  which  his  predecessors  held  only  as  commended  and  he 
claims  his  land  from  the  gift  of  the  king.  Then  and  afterwards  there 
was  one  carucate,  now  2  bovates,  and  2  acres  of  meadow.  At  all  times 
two  r.,  and  4  geese;  then  300  sheep,  now  300  less  12;  then  16  swine 
now  3.  Then  and  afterwards  it  was  worth  60  shillings,  now  80 ;  and 
there  could  be  one  plow.     Walter  of  Caen  holds  it  from  Robert. 

Heinstede  Hundred.  In  Sasilingaham  Edric,  the  predecessor  of 
Robert  Malet,  held  2  sokes  and  a  half,  of  66  acres  of  land,  now^  Walter 
holds  them.  Then  9  bordars,  now  13.  At  all  times  3  carucates  and  a 
half  among  all,  and  3  acres  of  meadow,  and  the  eighth  part  of  a  mill ; 
and  under  these  1  soke  of  6  acres  of  land.  At  all  times  half  a  carucate. 
Then  it  w^as  worth  30  shillings,  now  it  returns  50  shillings. 

In  Scotessa  Ulcetel  was  tenant,  a  free  man  commended  to  Edric,  in 
the  time  of  king  Edward  of  30  acres  of  land.  At  that  time  1  bordar, 
afterward  and  now  2.  Then  half  a  carucate,  none  afterward  nor  now. 
It  w^as  at  all  times  worth  5  shillings  and  4  pence ;  the  same. 


The  word  indicated  by  the  contraction  r  has  not  been  identified. 


8  TRANSLATIONS    AND    REPRINTS. 

IV.     LEVY  OF  TROOPS  FOR  WARS  IN  BOHEMIA,  1422. 

Deutsche  Reichstagsakten  Bd.  VIII  (1883)  pp.  157-165. 

Reprinted  in  Altmann  und  Bernheim  :  Ausgewahlte  Urkunden,  Second 

Ed.,  pp.  174-177.     German. 

The  levy  of  troops  for  the  Bohemian  wars  gives  us  a  picture  of  the  relative 
size  and  importance  of  the  various  powers  of  Germany  in  1422.  The  statisticians 
will  note  especially  the  concentration  of  power  in  the  Rhine  lands.  The  contin- 
gents to  be  furnished  by  the  cities,  afford  an  excellent  scale  of  the  relative  importance 
of  towns  in  the  epoch  concerned. 

(The  Electors).  Archbishops:  Mayence  50  with  swords,  Cologne 
40  with  swords.  Treves  40  with  swords.  The  count  Palatine  50  with 
swords.  Saxony  20  mounted  men-at-arms.  Brandenburg  50  with 
swords. 

The  Bishops:  The  archbishop  of  Magdeburg  30  swordsmen,  10 
archers.  Bishop  of  Hildesheim  5  swordsmen,  5  archers.  That  of  Wiirz- 
burg  20  swordsmen.  That  of  Bamberg  20  swordsmen.  That  of  Eich- 
statt  10  swordsmen.  That  of  Strassburg  10  swordsmen.  That  of  Con- 
stanz  8  swordsmen.  That  of  Basle  2  swordsmen.  That  of  Coire  2 
swordsmen.  That  of  Besancon  6  swordsmen.  That  of  Augsburg  2 
swordsmen.  That  of  Metz  6  swordsmen.  That  of  Toul  3  swordsmen. 
That  of  Verdun  6  swordsmen.  That  of  Lausanne  6  swordsmen.  That 
of  Speyer  8  swordsmen.  That  of  Worms  2  swordsmen.  That  of  Ver- 
den  3  swordsmen,  6  men-at-arms.  That  of  Schwerin  8  swordsmen,  8 
men-at-arms.  That  of  Halberstadt  6  swordsmen,  6  men-at-arms.  That 
of  Bremen  10  swordsmen,  10  men-at-arms.  That  of  Kammin  6  swords- 
men, 6  men-at-arms.  That  of  Regensburg  5  swordsmen.  That  of  Mun- 
ster  10  swordsmen. 

Dukes  and  lay  princes.  Duke  of  Lorraine  20  swordsmen.  Duke 
of  Bar  20  swordsmen.  Duke  of  Savoy  50  swordsmen.  Margrave  of 
Baden  10  swordsmen.  Landgrave  of  Hesse  20  swordsmen,  10  men-at- 
arms.  Duke  Otto  of  the  Leina  10  swordsmen,  10  men-at-arms.  Erich 
of  Bruuswick  5  swordsmen,  5  men-at-arms.  Duke  Otto  of  Hirschberg 
5  swordsmen,  5  men-at-arms.  Bernhard  and  William  of  Brunswick 
with  their  cities  namely,  Brunswick  and  Liineburg,  10  swordsmen,  10 
men-at-arms.  John  of  Mecklenburg  10  swordsmen,  10  men-at-arms. 
Alln-echt  of  iMecklenburg  10  swordsmen,  10  men-at-arms.  Children  of 
Duke  Ulrich  with  the  country  of  Stargardt  10  swordsmen,  10  men-at- 
arms.  Otto  and  Casimir  of  Stettin  20  swordsmen,  12  men-at-arms. 
Vladislaf  of  Wolgast  15  swordsmen,   12  men-at-arms.     Erich  of  Saxe- 


LEVY    OF   TROOPS    FOR   THP:    WARS    IN    BOHEMIA.  9 

Laueii)ierar  o   swordsineii,    6    men-at-arms.       Louis  of   Iiiiroldstadt  in 


■■& 


Bavaiia  16  swordsmen.  Ernest  and  William  of  Bavaria  10  swords- 
men. Henry  of  Bavaria  20  swordsmen.  John  of  Bavaria  10  swords- 
men. Stephen  of  Bavaria  5  swordsmen.  Otto  of  Bavaiia  5  swordsmen - 
Adolphus  of  Cleve  20  swordsmen.  Duke  of  Berg  6  spearsmen.  The 
bishop  of  Utrecht,  with  Deventer,  Kempten,  Zwolle,  and  Utrecht,  40 
swordsmen. 

Lords  and  counts  in  the  Netherlands.  The  duke  of  Jiilich,  and 
the  knights  of  Jiilich  and  Guelders,  and  the  four  cities  of  Romunde, 
Nymwegen,  Arnheim  and  Zutphen  60  swordsmen.  The  three  cities, 
of  Brabant  100  swordsmen.  The  cities  of  Liege  100  swordsmen. 
Standard  bearers,  knights,  and  men  of  Holland  60  swordsmen.  Standard 
bearers,  knights,  and  men  of  Haiuault,  the  cities  of  Hainault,  the  count 
of  Namurs  20  swordsmen.  Lords  and  knights  of  Flanders,  the  cities 
of  Flanders  20  swordsmen. 

Counts  and  lords.  Gerhard,  count  of  Mark  3  swordsmen 
William  count  of  Ravensburg  2  swordsmen.  Count  of  Teckelnburg  2 
swordsmen.  Count  of  Riedeuburg  1  swordsman.  Lord  of  Lippe  2 
swordsmen.  Lord  of  Dippoldswald  1  swordsman.  Count  of  Bentheim 
1  swordsman.  Count  of  Schaumburg  1  swordsman.  Count  of  Olden- 
burg 1  swordsman.  Frederick  and  William  of  Henneberg  4  swordsmen, 
Count  of  Rheineck  2  swordsmen.  Count  of  Kastel  2  swordsmen.  Count 
of  Hohenlohe  2  swordsmen.  Count  of  Weinsberg  2  swordsmen.  Count 
of  Heideck  1  swordsman.  Otto  Erich  of  the  Heust  6  sw^ordmen.  Count 
of  Wiirttemberg  20  swordsmen.  Count  of  Schauen  15  swordsmen. 
Margrave  of  Rotelen  3  swordsmen.  Margrave  of  Toggenburg  5  swords- 
men. Conrad  of  Freiburg  5  swordsmen.  Hugo  master  of  the  Order 
of  St.  John  10  swordsmen.  Christopher  of  Wenden  6  swordsmen,  6 
men-at-arms.  Albrecht  and  George  of  Anhalt  5  sw^ordsmen,  5  men-at- 
arms.  Bern  hard  of  Anhalt  4  swordsmen,  4  men-at-arms.  Bernhard  of 
Rheimstein,  3  swordsmen,  3  men-at-arms.  Count  of  Wernigerode  4 
swordsmen,  4  archers.  Emich  of  Leinigen  3  swordsmen.  Frederick  of 
Leinigen  2  swordsmen.  Philipp  of  Nassau  4  swordsmen.  John  of  Spon- 
heim  5  swordsmen.  Frederick  of  Veldenz  3  swordsmen.  John  and  Fred- 
erick, counts  of  the  Rhine  2  swordsmen.  Philipp  and  Emich,  lords 
of  Oberstein,  2  swordsmen.  Lord  of  Hohenfels  1  swordsman.  Nicholas 
Vogt  of  Honolstein  1  swordsmen.  John  of  Katzenellenbogen  8  swords- 
men. Adolphus  of  Nassau  2  swordsmen.  William  of  Wied  3  swords- 
men.    Philipp  and  Salentin  lord  of  Ysenburg   3  swordsmen.     John  of 


lO  TRANSLATIONS    AND    REPRINTS. 

Wied,  Reinhard,  lord  of  Westerburg  2  swordsmen.  Dietrick,  lord  of 
Ruukel  1  swordsman.  John  and  Henry,  counts  of  Nassau  lord  of  Bil- 
stein  2  swordmen.  Bernhard  and  John  brothers,  count  S<jlms  3  swords- 
men. John  of  Wittgenstein  1  swordsman.  Rupert  of  Virneburg  2 
swordsmen.  Gottfried  Eberhard,  lord  of  Eppstein  4  swordsmen.  Rein- 
hard,  lord  of  Hanau  3  swordsmen.  Dieter,  lord  of  Biidegen  3  sw^ords- 
men.  Michael  of  Wertheim  1  swordsman.  William  of  Eberstein  1 
swordsman.  Lords  of  Arbergen  3  swordsmen.  William  of  Blauken- 
stein  1  swordsman.  John,  lord  of  Schleiden  1  swordsman.  Frederick 
ofMoers  4  swordsmen.  John,  lord  of  Heimsberg  4  swordsmen.  Wal- 
rave  of  Moers  1  swordsman.  William  Craft,  lord  of  Saffenburg  1 
swordsman.  John,  lord  of  Rodemachern  2  swordsmen.  John  and 
Gottfried,  lord  of  Ziegenhain  2  swordsmen.  Henry  of  Waldeck,  and 
the  others  of  Waldeck  4  swordsmen.  John  Henry  of  Vinstigen  2 
swordsmen.  The  lord  of  Wibelkoben  1  swordsman.  Schenk  Eber- 
hard, Schenk  Conrad  and  Schenk  Conrad  the  younger,  of  Ehrenpach 

3  swordsmen.  Conrad,  lord  of  Bickenbach  1  swordsman.  The  lord 
of  Neuenahr  1  swordsman.  Eberhard  of  Liueburg,  lord  of  Harten- 
burg  2  swordsmen.  Count  of  Limburg  1  swordsman.  The  lord  of 
Harn  2  swordsmen.  John  of  Saarwerden  1  swordsman.  The  Brothers 
of  Bitsch  1  swordsman.     Count  of  Salm  1  swordsman. 

The  Abbots.  The  abbot  of  Fulda  6  swordsmen.  The  abbot  of 
Weissenburg  2  swordsmen.  The  abbot  of  Zelle  1  swordsmen.  The 
abbot  of  Miirbach  3  swordsmen.  The  abbot  of  Maulbronn  5  swords- 
men. The  abbot  of  Einsiedelu  2  swordsmen.  The  abbot  of  Bieben- 
hausen  3  swordsmen.  The  abbot  of  Salem  5  swordsmen.  The  abbot 
Alb  2  sw(jrdsmen.  The  abbot  of  Kemptem  2  swordsmen.  The  abbot 
of  Schaffhausen  2  swordsmen.  The  abbot  of  Petershausen  2  swords- 
men.    The  abbot  of  Kinzing  2  swordsmen.     The  abbot  of  Weingarten 

4  swordsmen.  The  abbot  of  Elchingen  2  swordsmen.  The  abbot  of 
St.  Blasien  2  swordsmen.  The  abbot  of  Balbeuren  2  swordsmen.  The 
abbot  of  Zwiefalten  2  swordsmen.  The  abbot  of  Isni  1  swordsman. 
The  abbot  of  Saint  George  1  swordsman.  The  abbot  of  Saint  John  1 
swordsman.  The  abbot  of  PfaefFers  1  swordsman.  The  abbot  of 
Konigsbriinn  1  swordsman.     Prior  of  Schussenried  2  swordsmen. 

The  cities.  The  confederates  of  Berne,  Lucerne,  Zurich,  Freiburg 
in  Vaud  250  horse.  Constance,  Lindau,  Buchhorn,  Ravensburg,  Ueber- 
lingen,  Zelle  am  Unter  See,  Diessenhofen,  50  swordsmen  and  200 
mounted    men.      Schaffhausen,    Waldshut,     Lauifenberg,    Siickingen, 


rp:sources  of  venice.  u 

Rheinfelden,  Winterthiir,  Rapperswil,  Fraiieiifeld  26  men-at-arms. 
Kempteii,  Isny,  Wangen,  Leutkirch,  Memmingeii,  Augsburg,  Biber- 
ach,  Pfullendorf,  Kauf  beureu,  Ulm,  Giengen,  Nordliiigeu,  B()|.fingeii, 
Aalen,  Gmiiud,  Diiukelsbiihl,  Essliugeu,  Reutlingeu  Rottweil,  Weil, 
Buchau,  100  swordsmen  and  100  men-at-arms.  Halle  12  swordsmen 
and  12  men-at-arms.  Heilbronn,  Wimpfen  Weiusberg  24  mounted 
men  armed.  Basle  16  swordsmen.  Strassburg  Muhlhausen,  Colmar, 
Miinster  in  St.  Gregorienthal,  Kaisersberg,  Diirkheim,  Schlettstadt, 
Oberehnheim,  Roshein,  Hageuau,  Weissenburg,  30  swordsmen.  Frei- 
burg, Neuenberg  Breisach,  Kenzingen  Endingen  10  swordsmen.  Ver- 
den  10  swordsmen.  Kaufmansarburg  3  swordsmen.  Treves  4  swords- 
men. Metz  20  swordsmen.  Toul  10  swordsmen.  Speyer  Worms  and 
Mayence  24  swordsmen.  Cologne,  Aix  la  Chapel le  30  swordsmen. 
Dortmund  6  swordsmen.  Frankfort  15  swordsmen.  Fried  berg  2  swords- 
men. Gelnhausen  3  swordsmen.  Wetzlar  2  swordsmen.  Nuremberg 
30  swordsmen,  30  men-at-arms.  Rothenburg  12  swordsmen,  12  men- 
at-arms.  Windsheim  6  swordsmen,  6  men-at-arms.  Weissenburg  in 
Francouia  5  swordsmen,  5  men-at-arms.  Schweinfurt  5  swordsmen,  5 
men-at-arms.  Regeusburg  15  swordsmen,  15  men-at-arms.  Liibeck  30 
swordsmen,  30  men-at-arms.  Hamburg  15  swordsmen,  15  men-at-arms. 
Muhlhausen  [Saxony]  3  swordsmen,  6  men-at-arms.  Nordhausen  15 
swordsmen,  10  men-at-arms.  Aschesleben  10  swordsmen,  6  men-at-arms. 
Halberstadt  10  swordsmen,  10  men-at-arms.  Quedlinburg  10  swords- 
men, 10  men-at-arms.  Sum  total,  754  swordsmen  and  777  mounted 
horse  from  the  cities. 

V.     RESOURCES  OF  VENICE. 

From  the  speech  of  Thomas  Mocemgo  in  1421. 

Muratori,  Rer.  Itai.  Script.  XXII,  952-954.  Italian. 
The  speech  of  Mocenigo  was  made  on  the  occasion  of  a  visit  to  Venice 
of  a  Florentine  embassy  for  the  purpose  of  securing  the  alliance  of  Venice  in  the 
struggle  with  the  duke  of  Milan.  The  war  party  in  Venice,  was  led  Francesco 
Foscari,  to  whom  this  speech  is  especially  addressed.  The  advantage  of  peace 
which  Venice  had  so  long  enjoyed  and  to  which  she  owed  so  much  of  her  prosperity 
are  detailed  at  length  by  the  Doge  Mocenigo.  In  the  passage  here  quoted  especial 
reference  is  made  to  the  commerce  of  Venice.  While  the  figures  are  all  in  round 
numbers  and  not  always  consistent  (the  text  of  the  original  is  carefully  followed) 
yet  they  must  be  regarded  as  valuable  approximation  by  one  well  fitted  to  form  an 
estimate.  It  is  rather  the  character  than  the  amount  of  the  commerce  which  will 
fasten  the  attention  of  the  reader.  Venice  was  at  the  time  the  great  emporium  of 
the  Orient.  It  on  its  part  distributed  the  textiles  enumerated  as  coming  from  the 
interior  to  the  various  centres  of  trade  in  the  East. 


12  TRANSLATION'S    AND    REPRINTS. 

Signor  Francesco  Foscari,  youthful  Procurator,  if  you  are  able  to 
reply  to  these  questions,  reassure  the  Council  by  taking  up  this  one  which 
I  propose  to  you.  If  you  found  in  Venice  a  garden  in  such  a  condi- 
tion that  it  produced  enough  grain  every  year  to  furnish  sustenance  to 
500  persons,  and  that  besides  there  were  many  bushels  to  be  sold ;  that 
the  garden  produced  so  much  wine,  that  it  furnished  sustenance  to  500 
persons,  and  that  there  were  besides  many  measures  to  be  sold ;  and  that 
it  produced  every  sort  of  oats  and  vegetables  of  considerable  value,  and 
that  the  garden  produced  moreover  every  sort  of  fruit  so  that  500  per- 
sons might  live  from  it  every  year,  and  that  there  should  be  some  for 
sale ;  that  the  garden  produced  every  year  beeves,  sheep,  kids,  and  birds  of 
all  sorts  which  might  furnish  sustenance  for  500  persons,  yet  so  that 
some  should  remain  for  sale  ;  and  that  the  said  garden  produced  so  much 
cheese  and  eggs  that  it  might  furnish  sustenance  to  500  persons,  yet  so 
that  some  should  remain  for  sale ;  and  that  the  garden  produced  so  much 
fish  of  all  sorts  for  the  sustenance  of  500  persons,  and  that  besides  this 
fish  could  be  sold  for  a  considerable  number  of  ducats:  it  would  be 
agreed  that  such  a  garden  was  most  noble,  producing  so  many  things, 
not  only  furnishing  goods  for  the  support  of  500  persons,  but  also  goods 
for  sale  for  500  ducats,  the  said  garden  requiring  no  cost  for  its  main- 
tenance. And  one  morning  some  one  should  say  to  you:  ''Signor  Fran- 
cesco your  enemies  have  gone  to  the  Piazza  to  take  500  sailors  and  have  paid 
them  to  enter  your  garden  :  they  bear  500  scythes  to  destroy  the  trees  and  the 
vines,  also  100  villains  with  100  pairs  of  oxen  and  100  ploughs,  paid  by  your 
enemies,  to  destroy  all  the  plants  which  are  in  the  said  garden,  to  destroy 
all  th^  animals  great  and  small  which  are  in  the  said  garden,''^  if  you 
were  wise,  you  would  not  suffer  that  your  garden  should  be  destroyed. 
You  would  go  to  your  strong  box  and  take  enough  gold  to  hire  1000 
men  to  resist  those  who  wish  to  destroy  the  said  garden.  If  you  should 
pay,  Signor  Francesco,  these  500  men  with  scythes  and  100  villains  with 
ploughs  for  destroying  the  said  garden  it  would  be  said  that  you  had  gone 
crazy.  Let  us  examine  if  we  are  in  such  a  position.  We  have  planned 
to  comprehend  all  the  commerce  which  Venice  at  present  conducts,  which 
we  have  known.  We  will  say  of  the  Milanese  merchants  and  of  the 
exchange  banks  which  confirm  this,  that  there  comes  every  week  from 
Milan  17,000  to  18,000  ducats  which  enter  into  this  city,  making  every 
year  the  sum  of  900,000.  From  Monza  1000  ducats  every  week, 
amounting  annually  to  56,000  ducats.  From  Como  2000  ducats  every 
week,  amounting  annually  to  104,000  ducats.     From  Alessandria  della 


RESOURCES    OF    VENICE.  1 3 

Paglia  1000  ducats  every  week,  amounting  annually  to  56,000  ducats. 
From  Tortoua  and  Novara  2000  ducats  every  week,  amounting  annually 
to  104,000  ducats.  From  Pavia  2000  ducats  every  week,  amounting 
annually  to  104,000  ducats.  From  Cremona  2000  ducats  every  week, 
amounting  annually  to  104,000  ducats.  From  Bergamo  1500  ducats 
every  week,  amounting  annually  to  78,000  ducats.  From  Parma 
2,000  ducats  every  week,  amounting  to  104,000  ducats.  From  Pia- 
cenza  1,000  ducats  every  week,  amounting  to  52,000  ducats. 

All  these  things  the  banks  affirm  to  be  thus  on  the  average,  that 
there  is  introduced  from  the  countries  of  the  duke  of  Milan,  annually 
1,612,000  ducats  of  gold.  Does  it  not  appear  that  this  is  a  beautiful  and 
most  noble  garden  which  Venice  posesses  without  cost?  Alessandria 
della  Paglia,  Tortona  and  Novara,  place  there  6000  pieces  of  cloth  per 
year  at  15  ducats  the  piece',  amounting  to  90,000  ducats.  Pavia  places 
3000  pieces  of  cloth  at  15  ducats  the  piece,  which  is  45,000  ducats. 
Milan  places  4000  pieces  of  fine  cloth  at  30  ducats  the  piece,  which  is 
120,000  ducats.  Como  12,000  pieces  at  15  ducats  the  piece,  which 
amounts  to  180,000  ducats.  Monza  6000  pieces  at  15  ducats  the  piece, 
which  amounts  to  90,000  ducats.  Brescia  5000  pieces  at  15  ducats  the 
piece,  which  amounts  to  75,000  ducats.  Bergamo  10,000  pieces  at  7 
ducats  the  piece,  which  amounts  to  70,000  ducats.  Cremona  places  40, 
000  fustians,  at  40  and  a  quarter  the  piece,  which  amounts  to  170,000. 
Parma  4000  pieces  at  15  ducats  the  piece,  which  is  60,000  ducats.  This 
amounts  in  all  to  90,000  pieces  which  makes  900,000  ducats.  And  we 
have  revenues  from  the  lands  of  Lombardy  at  one  ducat  per  piece, 
200,000  ducats,  which  with  this  and  with  the  goods  amounts  to  28,800, 
000  ducats.  Does  it  not  appear  that  this  is  the  most  beautiful  garden 
of  Venice  ?  Of  these  things  which  the  Lombards  carry  away  from  you 
every  year  the  first  is  cotton  5000  M.'  for  250,000  ducats,  thread  20, 
000  M.  at  from  15  to  20  ducats  the  hundred  making  30,000  ducats. 
Catalonian  wool  at  60  ducats  per  M.  for  4000  M.,  120,000  ducats. 
French  wool  at  300  ducats  per  M.  for  40  M.,  making  120,000  ducats. 
Cloth  of  gold  and  of  silk  per  year  for  250,000  ducats.  3000  cargoes  of 
pepper  at  100  ducats  make  300,000  ducats.  Cinnamon  400  loads  at  160 
ducats  per  load,  64,000  ducats.  Ginger  200  M.  at  40  ducats  per  M., 
80,000  ducats.  Sugar  of  one  boiling,  of  two  and  of  three,  estimated  at 
15  ducats  the  hundred,  95,000  'ducats.     Green  ginger  for  several  thou- 


The  original  has  ^nigliaja  "thousands"  for  which  we  use  the  abbreviation. 


14  TRANSLATIONS    AND    REPRINTS. 

sands  of  ducats.  Other  things  of  all  sorts  for  several  thousands  of 
ducats,  for  embroidery  and  sewing  30,000  ducats.  Dyes  4000  M.  at 
30  ducats  per  M.  per  hundred,  120,000  ducats.  Endaehi  and  grains 
for  50,000  ducats.  Now  in  the  way  of  making  an  estimate  for  all  it  will 
be  seen  to  be  28,000,000  ducats.  And  this  is  a  beautiful  garden  for 
Venice  without  cost.  Soap  for  250,000  ducats,  slaves  for  30,000,  and 
considerable  salted  goods  which  are  sold  every  year.  And  all  this  draft 
which  the  said  Lombadry  makes  upon  these  lands  is  a  reason  to  navigate 
so  many  ships  in  Syria,  so  many  galleys  in  Romania,  so  many  in  Cata- 
lonia, so  many  in  Flanders,  in  Cyprus,  in  Sicily,  and  in  other  parts  of 
the  w^orld,  by  means  of  which  Venice  receives  dues  and  freights,  three,  two, 
and  a  half  per  cent.  Swriseri,  and  Tintori ;  freights  of  vessels  and  galleys 
weighers,  porters,  bargemen,  sailors,  rowers  and  captains,  with  the  profits 
of  merchants  in  the  ventures,  which  gives  a  sum  of  600,000  ducats  to  us 
of  Venice  without  cost.  From  such  profits  many  thousand  persons  live 
on  the  fat  of  the  land.  And  is  this  a  garden  w-hich  we  ought  to  undo? 
In  truth  no.  But  it  is  to  be  defended  against  any  who  wish  to  desolate 
it. 

VI.     MEMORANDUM   OF  THE  POWER  AND  REVENUES  OF 
THE  ST  A  TES  OF  E  UROPE  IN  142- 
Note  to  Life  of  Mocenigo. 
Muratori.  Script,  rer.      Ital.  XXII,  pp.  960  et  seq.      Italian. 

The  memorandum  here  quoted  is  by  an  unknown  hand.  It  was  affixed 
to  the  document  from  which  Muratori  derives  his  information  before  1450.  It  may  be 
regarded  in  the  light  of  a  contemporary  estimate  of  the  relative  strength  of  European 
nations.  The  excellent  system  of  reports  by  which  the  Venetian  ambassadors 
kept  the  home  government  informed  as  to  the  doings  of  foreign  powers  is  a  guaranty 
that  the  statement  represents  the  best  available  information.  The  section  relating 
to  Venice  naturally  assumes  a  higher  degree  ot  probability.  While  in  some  respects 
it  is  vague  and  indefinite  it  yet  gives  us  an  excellent  idea  of  the  budget  of  receipts 
of  that  commonwealth. 

Income  of  all  the  Christian  powers  and  what  they  are  able  to  do. 
The  king  of  France  with  all  his  force  and  the  feudal  services  of  princes, 
dukes,  marquises,  counts,  barons,  knights,  bishops,  abbots,  canons, 
priests,  and  citizens,  can  in  his  own  country  raise  30,000  horsemen  skilled 
in  arms.  If  desiring  to  send  them  out  of  the  country  the  said  realm 
could  not,  since  the  costs  would  be  doubled,  send  more  than  15,000  horse. 
Before  the  war  with  their  own  countrymen,  it  could  have  raised  100,000, 
for  that  war  destroyed  both  Church  and  revenues.     In  the  total  there- 


EUROPEAN    STATES    IN    1 42 .  1 5 

fore  15,000  horse.  The  kiug  of  England  with  the  power  of  his  rev- 
enues, and  the  feudal  services  of  princes  and  others  as  above  could,  pay- 
ing them  every  month,  raise  at  home  30,000  horsemen  skilled  in  arms. 
In  making  the  test  of  war  these  powers  are  equal.  They  have  always  been 
powerful  in  their  undertakings.  And  if  one  of  these  forces  had  been 
greater  than  the  other,  one  w^ould  have  been  destroyed.  The  English 
were  overcome,  after  the  division  occurred  in  England,  and  they  could 
not  make  provision  for  their  forces.  This  was  before  1414.  They 
had  40,000  horse.  Wars  have  weakened  these  countries,  their  men  and 
their  revenues,  so  that  now  wishing  to  send  a  force  out  of  the  country  it 
is  agreed  that  they  have  the  half,  i.  e.,  15,000  horsemen.  The  king  of 
Scotland  who  is  lord  of  a  great  country,  and  of  a  people  of  so  great 
poverty  that  he  would  not  be  able  to  maintain  with  his  revenues  and  the 
taxes  and  dues  of  the  clergy  and  laity,  10,000  horsemen  skilled  in  arms 
in  his  own  country ;  outside  of  the  country  on  account  of  the  great  cost, 
5000  horse.  The  king  of  Norway  who  is  lord  of  a  great  country,  and  a 
people  equally  poor  could  not  maintain  at  home  with  his  revenues  and 
the  taxes  and  dues  of  clergy  and  laity  10,000  horemen  skilled  in  arms, 
abroad  5000  horse.  The  king  of  Spain  with  all  his  revenues  and  feu- 
dal dues  of  clergy  and  laity,  with  all  his  forces  30,000  horsemen  skilled 
in  arms.  In  1414  he  paid  for  20,000.  Wishing  to  maintain  them  out 
of  the  country  at  double  cost  they  would  be  15,000  horsemen.  The 
king  of  Portugal  with  all  his  revenues  from  clergy  and  laity,  with  all 
his  force,  would  have,  if  he  paid  every  month,  at  home  6000  horsemen 
skilled  in  arms,  abroad  3000  horse.  The  king  of  Brittany  with  all  his 
revenues  and  feudal  dues  of  clergy  and  laity,  paying  every  month, 
could  maintain  at  home  8000  horsemen  skilled  in  arms,  abroad  4000. 
The  master  of  St.  James  with  all  his  force  of  men  skilled  in  arms,  at 
home  4000  horsemen,  abroad  2000.  The  duke  of  Burgundy  with  all 
his  force  as  above  at  home  3000  cavalry.  In  1414  he  held  1000. 
But  war  has  destroyed  the  country.  Abroad  5000  men.  The  king 
Rene  [of  Provence]  with  all  his  revenues  would  be  able  to  raise  at  home 
6000  horse,  abroad  3000.  The  duke  of  Savoy  with  all  his  revenues 
would  be  able  to  raise  at  home  8000  horse,  abroad  4000.  The  mar- 
quis of  Montferrat  would  be  able  to  hold  2000  horse  at  home,  1000 
abroad.  The  count  Francesco  Sforza,  duke  of  Milan,  with  all  his 
force  could  hold  as  mercenaries  10,000  horse  at  home  and  5000  abroad. 
The  signory  of  Venice  can,  with  all  its  force  pay  for  10,000  horsemen 
skilled  in  arms  at  home,  and  5000  abroad.     The  marquis  of  Ferrara  at 


1 6  TRANSLATIONS    AND    REPRINTS. 

home  2000  horsemen,  abroad  1000.  The  marquis  of  Mantua,  at 
home  2000,  abroad  1000.  The  signory  of  Bologna  2000  at  home,  1000 
abroad.  The  community  of  Siena  at  home  2000,  abroad  1000.  The 
Sign ory  of  Florence  with  all  its  revenues  of  1414  could  place  1000. 
At  present  through  the  wars  it  can  place  4000  horsemen  at  home  and 
2000  abroad. 

The  Pope  with  all  his  revenues  of  his  States  of  the  Church,  and  with 
the  profits  of  churches  which  he  receives,  was  able  in  1414  to  raise 
8000  horsemen ;  at  present  at  home  6000  horsemen,  abroad  3000.  The 
king  of  Aragon  in  the  Realm  of  Naples  can  raise  with  all  his  revenues 
12,000  horsemen  at  home  and  6000  abroad.  The  princes  of  the  Realm 
are  able  with  all  their  revenues  to  raise  4000  horsemen  at  home,  2000 
abroad.  The  Community  of  Genoa  were  able  in  1414  to  maintain 
5000  horsemen.  But  through  their  present  dissension  and  the  wars 
they  are  only  able  to  maintain  at  present  2000.  The  Barcelonians  with 
all  the  community  and  the  lord  of  Catalonia,  counting  citizens  and 
knights,  can  at  home  paying  every  month  maintain  12,000  horsemen, 
and  abroad  6000.  All  Germany  with  the  lords  temporal  and  spiritual, 
the  free  and  the  other  cities,  north  and  south  Germany,  and  the  Emperor 
who  is  German,  can  raise  with  all  their  resources  and  revenues  60,000 
horsemen  at  home  and  30,000  abroad.  The  king  of  Hungary,  with  all 
the  dukes,  lords,  princes,  barons,  prelates,  clergy  and  laity,  and  with 
all  his  resources  and  revenues  can  raise  at  home  80,000  horsemen, 
abroad  40,000.  The  grand  master  of  Prussia  with  all  his  revenues, 
30,000  horsemen.  In  1414  he  had  50,000.  But  war  has  weakened 
him.  Abroad  15,000  horsemen.  The  king  of  Poland  with  all  his 
revenues  with  dukes  marquises  barons,  cities  and  boroughs  can  raise 
at  home  50,000  horsemen,  abroad  25,000.  The  Wallachians  with  all 
their  revenues  and  feudal  service,  at  home  20,000  horsemen,  abroad 
10,000.  Morea  with  its  resources  of  1414  could  raise  50,000  horse- 
men. War  has  weakened  them.  At  present  at  home  20,000,  abroad 
10,000.  All  Albania,  Croatia,  Slavonia,  Servia,  Russia  and  Bosnia 
with  all  their  revenues  at  home  30,000,  abroad  15,000.  The  king  of 
Cyprus  with  all  his  revenues  can  raise  in  the  Island  2000,  abroad 
1000.  The  duke  of  Nicae  in  the  Archipelago  with  all  his  power  can 
pay  for  2000  horsemen  at  home,  1000  abroad.  The  grand  master  of 
Rhodes  with  all  his  revenues  and  feudal  dues  of  his  liegemen,  clergy 
and  laity  of  the  island,  would  be  able  to  raise  4000  horsemen  at  home, 
2000  abroad.     The    lord   of  Mitylene  2000   horsemen,    abroad    1000. 


EUROPEAN    STATES    IN     1 42 .  1 7 

The  emperor  of  Trebizoiide  with  all  his  power  could  raise  at  home  25, 
000  horsemen,  abroad  15,000.  The  king  of  Georgia  with  his  revenues 
of  1414  raised  30,000  horsemen.  At  present  he  can  raise  at  home  10,000 
horsemen,  abroad  5000.  The  emperor  of  Constantinople  can  only 
raise  '^  ^  '"^  .  Power  of  the  Iniidel  Monarchs.  The  Turk  can  in  all 
his  dominions  raise  40,000  horsemen,  valiant  men  to  defend  him  against 
the  Christians.  The  Caraman  with  all  his  power  can  raise  at  home  60, 
000  horsemen,  abroad  30,000.  Ussun  Cassan  with  all  his  power  can 
raise  at  home  20,000  horsemen  in  the  service  of  Mahomet,  abroad  10, 
000.  The  Caraifan  with  all  his  resources  at  home  20,000,  abroad  10, 
000.  Tamerlane  with  all  his  Tartar  power  can  raise  at  home  1,000, 
000  horsemen  abroad  500,000.  The  king  of  Tunis,  of  Granada  and  the 
other  cities  of  Barbary  who  have  galleys  and  boats  to  the  injury  of 
Christians,  at  home  are  100,000  horsemen  abroad,  50,000. 

Revenues  of  some  Christian  princes  in  the  year  1423.  The  king 
of  France  in  the  year  1414  had  2,000,000  ducats  ordinary  revenues. 
But  the  wars  which  have  continued  for  forty  years  have  reduced  the 
ordinary  revenues  to  1,000,000  ducats.  The  king  of  England  had  2, 
000,000  ducats  ordinary  revenue.  The  continued  wars  have  desolated 
the  island.  At  the  present  time  he  has  700,000  ducats  revenue.  The 
king  of  Spain  had  in  1410,  3,000,000  ducats  ordinary  revenue,  but  the 
continued  wars  have  reduced  it  to  800,000  ducats.  The  king  of  Portu- 
gal had  in  1410,  200,000  ducats  revenue.  By  the  wars  it  is  reduced 
to  140,000  ducats.  The  king  of  Brittany  in  1414  had  200,000  ducats 
revenue.  By  the  wars  it  is  reduced  to  140,000  ducats.  The  duke  of 
Burgundy  had  in  1400,  3,000,000  ducats.  By  the  wars  it  is  reduced 
to  900,000  ducats.  The  duke  of  Savoy  as  a  free  country  has  150,000 
ducats  revenue.  The  marquis  of  Montferrat  as  a  free  country  has  100, 
000  ducats  revenue.  Count  Francesco,  duke  of  Milan  (in  1423  duke 
Filippo  Maria  had  1,000,000  ducats  revenue;  has  at  present  on  account 
of  the  wars  only  500,000  ducats.  The  siguory  of  Venice  had  in  1423 
1,100,000  ducats  ordinary  revenue.  By  reason  of  great  wars  which 
have  destroyed  commerce  it  has  800,000  ducats  ordinary  revenue.  The 
marquis  of  Ferrara  had  in  1423,  70,000  ducats  ordinary  revenue. 
Through  the  Italian  wars  he  has  by  remaining  at  peace  150,000  ducats. 
The  Marquis  of  Montferrat  had  in  1423,  150,000  ducats,  to-day  60,000 
ducats.  The  Bolognese  had  in  1423,  400,000  ducats  ordinary  revenue. 
But  by  the  wars  it  has  come  to  200,000  ducats.  Florence  in  1423 
had  a  revenue  of  400,000  ducats.     But  since  then,  through  the  great 


1 8  TRANSLATIONS    AND    REPRINTS. 

wars  it  is  reduced  to  200,000  ducats.  The  pope,  though  formerly  he 
had  none,  has  400,000  ducats  ordinary  revenue.  The  Genuese  through 
the  great  divison  among  them  are  reduced  to  130,000  ducats.  The 
king  of  Aragon,  in  all  his  realm  with  Sicily,  though  at  first  he  had 
considerably  more,  has  a  revenue  of  310,000  ducats. 

Revenues  of  our  signory  on  the  main-land  and  the  cost  of  these 
domains.  The  country  of  Friuli  gives  annually  75,000  ducats.  Its  costs 
are  annually  6330  ducats.  There  remains  net  1170  ducats.  Trevigi 
and  suburbs  40,000  ducats,  costs  10,100  ducats,  remainder  29,900 
ducats.  Padua  and  suburbs  65,500  ducats,  costs  14,000  ducats,  re- 
miander  51,500  ducats.  Vicenza  and  suburbs  34,500  ducats,  costs 
7600  ducats,  remainder  26,900.  Verona  and  suburbs  52,500  ducats, 
costs  18,000  ducats,  remainder  34,000  ducats.  Brescia  and  suburbs 
75,500  ducats,  costs  16,000  ducats,  remainder  59,500  ducats.  Ber- 
gamo and  suburbs,  25,500  ducats,  costs  9,500  ducats,  remainder  16,000 
ducats.  Crema  and  suburbs  7400  ducats,  costs  3900  ducats,  re- 
mainder 3500  ducats.  Ravenna  and  suburbs  9000  ducats,  costs  2770 
ducats,  remainder  6230  ducats.  Sum  of  the  above  317,400  ducats, 
costs  88,200  ducats,  remainder  229,200  ducats.  Revenues  of  Venice. 
The  inteudants  of  the  revenues  levy  every  year  150,000  ducats.  The 
Salt  office  levies  every  year  165,000  ducats.  Eight  offices  connected 
with  the  Bureau  of  Taxes  levy  per  year  233,500  ducats.  Offices 
connected  with  the  Arsenal  levy  annually  73,280  ducats.  From  the 
profits  of  the  Bureau  of  Taxes  per  year  150,000  ducats  and  salaries 
26,500  ducats,  leaving  611,600  ducats.  Maritime  possessions  yield 
annually  180,000  ducats.  Other  extroardinary  revenues.  Revenue  of 
the  tithe  of  houses  and  possessions  in  the  Duchy  25,000  ducats.  For  the 
clergy  who  pay  in  cash  half  the  tithe,  the  other  being  held  by  the 
Bureau  of  Taxes,  15,000  ducats.  Possessions  abroad  and  foreign 
stations  5000  ducats.  Priests,  for  their  revenues  22,000  ducats.  Sea- 
faring Jews  two-tenths  per  year  600  ducats.  Land  Jews  500  ducats 
for  the  tithe,  and  1000  ducats  for  the  two-tenths.  The  tithe  of  the 
merchants  16,000  ducats.  Revenue  of  Noli  and  Gioje  6000  ducats. 
Poll  taxes  and  exchange  20,000  ducats.  Note  that  we  must  subtract 
from  these  the  following  namely :  for  the  persons  who  are  unable  to  pay 
the  tithe  of  the  houses,  it  cannot  be  exacted  6000  ducats  ;  for  the  half 
of  the  tithe  of  the  profit  of  the  Bureau  of  Taxes,  7500  ducats;  for  the 
priests,  to  be  deducted  for  the  Patriarchate  2000  ducats ;  for  the  mer- 
chandise for  the  revenues  6000  ducats  ;  for  Noli  and  Gioje  4000  ducats  : 
for  poll-taxes  and  exchange  12,000  ducats. 


TAXES    OF    JERUSALEM.  ig 

VII.     TAXES  OF  THE  KINGDOM  OF  JERUSALEM. 

Assises  de  Jerusalem.     Tome  II.  Assises  de  la  cour  des   Bourgeois,  p. 
173.      Paris  1843.     Old  French. 
The  list  of  taxes  of  the  kingdom  of  Jerusalem  may  be  regarded  as  a  pendant 
to  the  foregoing.     The  list  of  articles  taxed  forms  an  excellent  index  of  the  char- 
acter of  the  commerce  conducted  by  the  Mediterranean  powers  of  the  time. 

1.  The  old  duties  command  that  one  should  take  at  the  custom 
house  for  the  sale  ot  silk  for  every  hundred  Besants,  8  Besants  and  19 
Karoubles,  ^  as  duty. 

2.  For  the  duties  on  cotton  the  rule  commands  that  one  should 
take  per  hundred,  10  B.  and  18  K.  as  duties. 

3.  For  the  duties  of  pepper  the  rule  commands  that  one  should 
take  per  hundred  11  B.  and  5  K.  as  duties. 

4.  For  cinnamon  the  rule  commands  that  one  should  take  per 
hundred  10  B.  and  18  K.  as  duty. 

5.  For  wool  the  rule  commands  that  one  should  take  per  hundred 
B.,  11  B.  and  10  K.  as  taxes. 

6.  For  the  duties  of  alum  the  rule  commands  that  one  should  take 
per  hundred,  11  B.  and  5  K.  as  duties. 

7.  For  the  duty  on  varnish  the  rule  commands  that  one  should 
take  per  hundred,  10  B.  and  18  K.  as  duty. 

8.  For  the  duties  on  nutmegs  or  on  nutmeg  leaves,  the  rule  com- 
mands that  one  should  take  as  duty  per  hundred  B.  8  B.  and  \  by  law. 

9.  Of  flax  the  rule  commands  that  one  should  take  per  uundred, 
8  B.  and  8  K.  as  duty. 

10.  For  the  duties  upon  cloves  and  the  leaves  of  cloves  the  rule 
commands  that  one  should  take  per  hundred,  9  B.  and  \  by  law. 

11.  For  the  duties  on  Indian  hens  one  should  take  the  tenth. 

12.  For  the  wares  which  are  brought  by  sea  from  the  coast  of 
Syria  and  which  cannot  be  sold  the  rule  is  that  they  can  be  withdraw^n 
and  taken  out  of  the  country,  but  if  the  merchandise  which  cannot  be 
sold  be  taken  out  beyond  the  chain  they  must  be  paid  per  hundred  for 
as  much  as  may  then  be  in  the  country  8  B.  per  hundred,  and  for  that 
which  may  have  been  sold  duty  must  be  paid  to  the  custom  house  accord- 
ing that  w  hich  is  established  for  each  kind  and  which  one  would  have  to 
pay.  And  be  it  understood  that  these  duties  shall  be  paid  by  the  Sara- 
cens and  by  all  the  Syrians  who  may  come  with  wares  into  this  kingdom. 


Where  these  coins  are  subsequently  mentioned  they  are  indicated  by  B.  and  K. 


20  TRANSLATIONS    AND    REPRINTS. 

13.  For  the  duties  on  muse  the  rule  commands  that  one  should 
take  per  hundred  B,  8  B.  and  i  as  duty. 

14.  For  the  duty  upon  aloe  wood  the  rule  commands  that  one 
should  take  9  B.  and  i  per  hundred  as  duty. 

15.  For  the  duties  on  sugar  for  that  which  is  imported  and 
exported  by  land  and  by  sea,  the  rule  commands  that  one  should  take 
per  hundred,  5  B.  as  duty. 

16.  For  the  duties  per  camel's  load  of  sugar  the  rule  commands 
that  one  should  take  4  B.  as  duty. 

17.  For  the  duty  on  sugar  which  is  brought  by  beasts  of  burden 
the  rule  commands  that  one  should  take  1  raboin  per  load  as  duty. 

18.  For  all  things  which  are  exported  by  land  to  be  taken  to 
the  Paynims  the  rule  commands  that  one  should  take  as  duty  per  Besant 
IK. 

19.  For  the  duty  for  the  salt  fish  which  is  imported  from  Babylon 
one  should  take  the  quarter,  that  is  of  4  B.  one  of  the  four,  as  duty. 

20.  For  the  duty  on  flax  which  is  imported  from  Babylon  to 
Damascus  the  rule  commands  that  one  should  take  in  transit  for  each 
camel  1  B.  and  2  K.  as  duty. 

21.  For  the  duty  on  alcana  the  rule  commands  that  one  should 
take  give  for  each  sack  a  duty  of  18i  K. 

22.  For  the  duty  on  all  the  spices  of  retail  shop-keepers  the  rule 
commands  that  one  should  take  as  duty  per  besante  1  K. 

23.  For  the  duty  of  sesamum  the  rule  commands  that  one  should 
on  importation  per  hundred,  10  B.  as  duty. 

24.  For  the  duty  on  oil  of  Sesamum  the  rule  commands  that  one 
should  take  per  hundred,  11  B.  as  duty. 

25.  For  the  duty  upon  incense  the  rule  commands  that  one  should 
take  per  hundred,  11  B.  and  5  K.  as  duty. 

26.  The  rule  for  cardemoine  the  law  commands  that  one  should 
take  per  hundred,  11  B.  and  5  K.  as  duty. 

27.  The  duty  on  ivory  the  law  commands  that  one  should  take  per 
besante  2  K.  as  duty. 

28.  For  the  duty  on  Sarcocoll  the  rule  commands  that  one  should 
take  per  hundred,  1 1  B.  and  5  K. 

29.  For  the  duty  on  Galega  the  rule  commands  that  one  should 
take  per  hundred  4  B.  and  4  K. 

30.  For  the  duty  upon  the  twigs  and  the  leaves  of  lavender  the 
rule  commands  that  one  should  take  per  hundred,  4  B.  and  4  K. 


TAXES    OF    JERUSALEM.  21 

81.  For  the  duty  on  Myrodolan  the  rule  commaiids  that  one 
should  take  per  hundred  4  B.  and  4  K. 

32.  For  the  duty  on  cinnamon  the  rule  commands  that  one  should 
take  per  hundred,  4  B.  and  4  K. 

33.  For  the  duty  on  rhubarb  the  rule  commande  that  one  should 
take  per  hundred,  4  B.  and  3  K.  as  duty. 

34.  For  the  duty  on  ginger  the  rule  commands  that  one  should 
take  per  hundred,  4  B.  and  4  K.  as  duty. 

35.  For  the  duty  upon  camphor  the  rule  commands  that  one  should 
take  per  hundred,  11  B.  and  8  K.  as  duty. 

36.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  borage  per  hundred,  11  B.  and  5  K.  as  duty. 

37.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  aspic  per  hundred,  4  B.  and  4  K.  as  duty. 

38.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  gariophylus  per  hundred,  4  B.  and  4  K.  as  duty. 

39.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  ammonia,  internal  tax  that  is  to  say  per  hundred,  11  B.  and  5  K. 

40.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  Nabeth  sugar,  an  internal  tax. 

41.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  dates,  an  internal  tax. 

42.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  emery  per  hundred,  10  B.  as  duty. 

43.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  licorice  Saracen  and  Syrian  1  and  i  tenths,  but  of  French  one  should 
take  only  13  B.  per  hundred  as  duty. 

44.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  sulphur  of  arsenic  per  hundred,  1 1  B.  and  5  K.  as  duty. 

45.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  camphor  root  which  is  underneath  per  hundred,  11  B.  and  5  K.  as 
duty. 

46.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  straps  and  saddles  which  are  exported  from  the  city  per  B,  1  K.  as 
duty. 

47.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  yellow  sulphur  of  arsenic,  and  internal  tax. 

48.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  libanotis  per  hundred  10  B.  and  8  K.  as  duty. 


22  TRANSLATIONS    AND    REPRINTS. 

49.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  all  planks  and  beams  which  are  exported  by  land,  as  duty  the  quarter 
of  what  they  cost. 

50.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duty  on  planks  used  to  construct  threshing  floors  the  tenth  of  what 
they  cost. 

51.  It  is  understood  that  the  rule  commands  that  one  should  take 
upon  salt  fish  exported  from  the  city  the  quarter  of  what  it  cost  as  duty. 

52.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  fruit  per  hundred,  14  B.  as  duty. 

53.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  hens  exported  from  the  city  and  upon  ?  one  should  take  an  internal 
tax. 

54.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duty  on  rafters  per  besant,  2  K. 

55.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  olives,  20  B. 

56.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  wine  which  is  brought  from  Nazareth  and  from  Saphourie  and  from 
Safran,  per  camel  load  as  duty  12  drachmans. 

57.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  thread  of  Damascus  an  internal  tax. 

58.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  senna  per  hundred,  20  B.  as  duty. 

59.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  red  currants  per  hundred,  8  B.  and  i  which  is  the  amount  of  the 
duty. 

60.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  wine  which  is  imported  from  Antioch  or  from  Lische  or  this  side  per 
besant,  1  K.  as  duty. 

61.  It  is  understood  that  the  rule  commands  that  one  should  take 
of  the  shoes  which  the  Saracens  purchase  as  tax  of  sale  the  tenth. 

62.  It  is  understood  that  the  rule  commands  that  one  should  take 
as  duties  on  wheat,  the  tenth. 

68.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  eggs  the  tenth  as  duty. 

64.  It  is  understood  that  the  rule  commands  that  one  should  take 
on  hens  and  pullets  as  duty  the  tenth,  that  is  to  say  per  hundred,  10  B. 

65.  On  the  goats  which  are  imported  from  the  Paynims  the  rule 
commands  that  one  should  take  the  tenth  as  duty. 


TAXES    OF    JERUSALEM.  23 

66.  On  geese  which  are  brought  into  the  city  the  rule  commands 
that  one  should  take  the  tenth  as  duty. 

67.  On  the  oil  which  comes  to  the  custom-house  the  rule  commands 
that  one  should  take  per  hundred,  8  B.  and  4  K.  as  duty. 

68.  On  nut  gall  the  rule  commands  that  one  should  give  and  take 
as  duty  5  B.  and  18  K.  per  hundred. 

69.  On  the  wool  which  is  imported  from  various  parts  the  rule 
commands  that  one  should  take  by  law  per  hundred  10  B.  and  18  K. 

70.  On  wax  the  rule  commands  that  one  should  take  per  hundred 
2  B.  and  5  K. 

71.  On  pens  the  rule  commands  that  one  should  take  as  internal 
tax  that  is  to  say  11  B.  and  5  K.  per  hundred. 


Translations  and  Reprints 

FROM   THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY. 
Vol.  IIL  Period  of  the  Later  Reformation.  No.  3. 

TABLE  OF  CONTENTS, 


PAGE 


I.        The  Abdication  of  Charles  V. 

1.  Speech  of  Charles  V.  at  Brussels, 2 

2.  The  Ivibrary  of  Charles  V.  at  San  Yuste, 4 

3.  The  Gold  of  the  Indies — 1559, 5 

4.  Revenues  of  the  King  of  Spain — 1559,.    ......  6 

II.        The  Genevan  Reformation. 

1.  Predestination, 7 

2.  Extract  from  the  Genevan  Catechism  of  1541,  ...  8 

3.  Decision  of  Consistory  in  Case  of  Heretical  Practices,  9 

4.  Selections  from  Ordinances  for  the  Regulation  of  the 

Churches  Dependent  upon  the  Signory  of  Geneva, 

1547,     .    • 10 

5.  Extract  from  Ecclesiastical  Ordinances  of  1561,      .    .  11 

6.  Complaint  of  Nicholas  de  la  Fontaine  against  Servetus,  12 

III.        The  Reformation  in  France. 

1.  The  People  of  France — 1558, 16 

2.  The  French  Propositions, 19 

3.  The  Colloquy  of  Poissy, 23 

4.  Death  ofColigny, 24 

5.  The  Articles  of  the  League, 26 

6.  French  Political  Verses  of  the  i6th  Century,  ....  28 

7.  Extracts  from  the  Edict  of  Nantes, 30 


TEANSLATIONS   AND   REPEINTS. 


I.     THE  ABDICATION  OF  CHARLES  V. 


I.       SPEECH    OF    CHARLES    V.    AT    BRUSSELS. 


Migne  :  Charles  Quint  :  son  abdication,  son  sejour  et  sa  mort  au  monastere 
de  Yuste,     pp.  93-98,     French. 

Although  Philibert  has  fully  explained  to  you,  my  frieuds,  the 
causes  which  have  determined  me  to  surrender  these  states  and  leave 
them  to  my  son  Don  Philip,  in  order  that  he  may  possess  and  rule 
them,  yet  I  wish  to  say  certain  things  with  my  own  mouth.  You  will 
remember  that  upon  the  5th  of  February  of  this  year  there  had  elapsed 
forty  years  since  my  grandfather  the  emperor  Maximilian,  in  the  same 
place  and  at  the  same  hour  declared  my  majority  at  the  age  of  fifteen, 
withdrew  me  from  the  guardianship  under  which  I  had  remained  up  to 
that  time  and  made  me  master  of  myself.  The  following  year,  which  was 
my  sixteenth,  king  Ferdinand  died,  my  mother's  father  and  my  grand- 
father, in  the  kingdom  over  which  I  then  commenced  to  reign,  because 
my  beloved  mother,  who  has  but  lately  died,  was  left,  after  the  death  of 
my  father,  with  disordered  judgment  and  never  sufficiently  recovered 
her  health  to  become  mistress  of  herself. 

At  that  time  I  went  to  Spain,  by  way  of  the  sea.  Soon  came  the 
death  of  my  grandfather  Maximilian,  in  my  19th  year,  and  although  I 
was  still  young  they  conferred  upon  me  in  his  stead  the  imperial  dignity. 
I  had  no  inordinate  ambition  to  rule  a  multitude  of  kingdoms,  but  merely 
sought  to  secure  the  welfare  of  Germany,  to  provide  for  the  defence  of 
Flanders,  to  consecrate  my  forces  to  the  safety  of  Christianity  against  the 
Turk  and  to  labor  for  the  extension  of  the  Christian  religion.  But 
although  such  zeal  was  mine,  I  was  unable  to  show  so  much  of  it  as  I  might 
have  wished,  on  account  of  the  troubles  raised  by  the  heresies  of  Luther 
and  the  other  innovators  of  Germany,  and  on  account  of  serious  war  into 
which  the  hostility  and  envy  of  neighboring  princes  had  driven  me,  and 
from  which  I  have  safely  emerged,  thanks  to  the  favor  of  God. 

This  is  the  fourth  time  that  I  go  to  Spain,  there  to  bury  myself.  I 
wish  to  say  to  you  that  nothing  I  have  ever  experienced  has  given  me 
so  much  pain  or  rested  so  heavily  upon  my  soul  as  that  which  I  experi- 
ence in  parting  from  you  to-day,  without  leaving  behind  me  that  peace 
and  quiet  which  I  so  much  desired.     My  sister  Mary  who  in  my  absence 


1  A  full  account  of  the  circumstances  under  which  this  speech  was  made  will 
be  found  in  Motley's  "Rise  of  the  Dutch  Republic,"  Vol.  I.  Cap.  I. 


SPEECH   OF    CHARLES   V.  3 

has  governed  you  so  wisely  aud  defended  you  so  well,  has  explained  to 
you,  in  the  last  assembly,  the  reasons  for  my  determination.  I  am  no 
longer  able  to  attend  to  my  affairs  without  great  bodily  fatigue  and  con- 
sequent detriment  to  the  affairs  of  the  state.  The  cares  which  so 
great  a  responsibility  involves ;  the  extreme  dejection  which  it  causes  ; 
my  health  already  ruined  ;  all  these  leave  me  no  longer  the  strength 
sufficient  for  governing  the  states  which  God  has  confided  to  me.  The 
little  strength  that  remains  to  me  is  rapidly  disappearing.  So  I  should 
long  ago  have  put  down  the  burden,  if  my  son's  immaturity  and  my 
mother's  incapacity  had  not  forced  both  my  spirit  and  my  body  to  sus- 
tain its  weight  until  this  hour. 

The  last  time  that  I  went  to  Germany  I  had  determined  to  do  what 
you  see  me  do  to-day,  but  I  could  not  bring  myself  to  do  it  when  I  saw 
the  wretched  condition  of  the  Christian  state,  a  prey  to  such  a  multitude 
of  disturbances,  of  innovations,  of  singular  opinions  as  to  faith,  of  worse 
than  civil  wars,  and  fallen  finally  into  so  many  lamentable  disorders.  I 
was  turned  from  my  purpose  because  my  ills  were  not  yet  so  great,  and 
I  hoped  to  make  an  end  of  all  these  things  and  restore  the  peace.  In 
order  that  I  might  not  be  wanting  in  my  duty  I  risked  my  strength,  my 
goods,  my  repose  and  my  life  for  the  safety  of  Christianity  and  the  defence 
of  my  subjects.  From  this  struggle  I  emerged  with  a  portion  of  the 
things  I  desired.  But  the  king  of  France  and  certain  Germans,  failing 
to  preserve  the  peace  and  amity  they  had  sworn,  marched  against  me 
and  were  upon  the  point  of  seizing  my  person.  The  king  of  France  took 
the  city  of  Metz,  and  I,  in  the  dead  of  winter,  exposed  to  intense  cold,  in 
the  midst  of  snow  and  blood,  advanced  with  a  powerful  army  raised  at 
my  own  expense  to  retake  the  city  and  restore  the  Empire.  The  Ger- 
mans saw  that  I  had  not  yet  laid  aside  the  imperial  crown  and  had  no 
disposition  to  allow  its  majesty  to  be  diminished. 

I  have  carried  out  what  God  has  permitted,  since  the  outcome  of 
our  efforts  depends  upon  the  will  of  God.  We  human  beings  act  accord- 
ing to  our  powers,  our  strength,  our  spirit,  and  God  awards  the  victory 
and  permits  defeat.  I  have  ever  done  as  I  was  able,  and  God  has  aided 
me.  I  return  to  Him  boundless  thanks  for  having  succored  me  in  my 
greatest  trials  and  in  all  my  dangers. 

To-day  I  feel  so  exhausted  that  I  should  not  be  of  any  aid  to  you, 
as  you  see  yourselves.  In  my  present  state  of  dejection  and  weakness,  I 
should  have  to  render  a  great  and  serious  account  to  God  and  man,  if  I 
did  not  lay  aside  authority,  as  I  have  resolved  to  do,  since  my  son,  king 


4  TRANSLATIONS   AND   REPEINTS. 

Philip,  is  of  an  age  sufficiently  advanced  to  be  able  to  govern  you,  and 
he  will  be,  I  hope,  a  good  prince  to  all  my  beloved  subjects. 

I  am  determined  then  to  retire  to  Spain,  to  yield  to  my  son  Philip 
the  possession  of  all  my  states,  and  to  my  brother,  the  king  of  the  Romans, 
the  Empire.  I  particularly  commend  to  you  my  son,  and  I  ask  of  you 
in  remembrance  of  me,  that  you  extend  to  him  the  love  which  you  have 
always  borne  towards  me  ;  moreover  I  ask  you  to  preserve  among  your- 
selves the  same  affection  and  harmony.  Be  obedient  towards  justice, 
zealous  in  the  observance  of  the  laws,  preserve  respect  for  all  that  merits 
it,  and  do  not  refuse  to  grant  to  authority  the  support  of  which  it  stands 
in  need. 

Above  all,  beware  of  infection  from  the  sects  of  neighboring  lands. 
Extirpate  at  once  the  germs,  if  they  appear  in  your  midst,  for  fear  lest 
they  may  spread  abroad  and  utterly  overthrow  your  state,  and  lest  you 
may  fall  into  the  direst  calamities.  As  to  the  manner  in  which  I  have 
governed  you  I  confess  that  I  have  been  more  than  once  deceived,  led 
astray  by  the  inexperience  of  youth,  by  the  hasty  conclusions  of  young 
manhood,  or  by  some  other  fault  of  human  weakness.  Nevertheless  I 
make  bold  to  assert,  that  never  of  my  knowledge  or  by  my  will  has 
wrong  or  violence  been  done  to  any  of  my  subjects.  If  then  any  can 
complain  of  having  suffered  such,  I  aver  that  it  is  unknown  to  me  and 
against  my  will :  I  declare  before  all  the  world  that  I  regret  it  from  the 
bottom  of  my  heart,  and  I  beseech  all  present,  and  those  who  are  not 
here  as  well,  to  wish  me  well  and  to  pardon  me. 


2.       THE   LIBRAE Y    OF   CHARLES   V.    AT   SAN    YUSTE. 
Migne  :  Charles  Quint:  son  abdication  etc.,  pp.  217-218.     French. 

The  Almagestus,  the  great  astronomical  work  of  Ptolemy. 
The  Imperial  Astronomy,  by  Santa  Cruz,  who  had  given  lessons  in 
mathematics  to  Charles  V. 

Caesar's  Commentaries,  in  Italian^  [Tuscan]. 


1  Charles  V.  was  not  proficient  in  Latin.  This  study  had  been  neglected  pur- 
posely by  his  instructors,  as  inconsistent  with  the  purposes  of  the  prince's  future 
career.  The  Emperor  in  1550  commenced  to  write  his  own  ''Commentaries."  It 
is  likely  that  the  manuscript  was  destroyed  by  Philip  II.  after  the  Emperor's  death. 


LIBRARY   OF   CHARLES   V.    AT   SAN    YUSTE.  5 

History  of  Spain,  ancient  and  mediaeval,  edited  by  Florian  de 
Ocarapo. 

The  "Consolations"  of  Boettiius,  of  which  there  were  several  copies, 
in  French,  Italian  and  Latin. 

Commentaries  upon  the  Grerman  War,  by  the  Grand  Commander 
of  Alcantara.^ 

Caballero  Determinado,  a  poetical  romance.^ 

Meditations  of  St.  Augustine  and  two  other  books  of  pious  medita- 
tions. 

The  works  of  Doctor  Constantin  Ponce  de  la  Fuente,®  and  of  Father 
Pedro  de  Soto  upon  Christian  Doctrine. 

Sum  of  Christian  Mysteries,  by  Titleman. 

Two  breviaries,  a  missal,  two  illuminated  psaltei-s,  the  commentary 
of  Father  Thomas  de  Portocarrero  upon  the  Psalm;  ''In  te,  Domine, 
eperavV 

Selected  prayers  from  the  Bible. 


3.       THE    GOLD   OF   THE   INDIES 1559- 

Michele  Soriano  :  Relazione  di  Spagna.    Ed.  Alb^ri,  I.-3.  pp.  342-343.     Italian. 

From  New  Spain  are  obtained  gold  and  silver,  cochineal,  (little  in- 
sects like  flies,)  from  which  crimson  dye  is  made,  leather,  cotton,  sugar 
and  other  things ;  but  from  Peru  nothing  is  obtained  except  minerals. 
The  fifth  part  of  all  that  is  produced  goes  to  the  king,  but  since  the  gold 
and  silver  is  brought  to  Spain  and  he  has  a  tenth  part  of  that  which  goes 
to  the  mint  and  is  refined  and  coined,  he  eventually  gets  one-fourth  of  the 
whole  sum,  which  fourth  does  not  exceed  in  all  four  or  Ave  hundred 
thousand  ducats,  although  it  is  reckoned  not  alone  at  millions,  but  at 


^The  war  of  1546-7.  This  work  had  a  particular  interest  for  Charles  V.  It 
had  been  written  almost  from  his  dictation  by  Luis  de  Avila  y  Zuniga,  translated 
into  Latin  by  van  Male  and  extensively  circulated  both  in  French  and  Italian. 

2  This  poetical  romance  was  originally  written  in  French  by  Olivier  de  la  Marche, 
to  commemorate  the  adventurous  life  of  Charles  le  Temeraire,  great-grandfather 
of  Charles  V.  The  Emperor  made  a  great  part  of  it  into  Castilian  rhyme,  and  the 
translation  was  finished  by  Fernand  de  Acuna.  The  copy  at  San  Yuste  was  the 
Spanish  translation,  printed  in  1555  by  Jean  Sleitz,  at  Antwerp. 

3  Whose  bones  and  effigy  were  afterwards  burned  at  an  auto-da-fe  in  Seville, 
October,  1559,  upon  the  occasion  of  the  marriage  of  Philip  11.  with  Isabella  of 
France. 


6  TRANSLATIONS   AND   REPRINTS. 

millions  of  pounds.^  Nor  is  it  likely  that  it  will  long  remain  at  this 
figure,  because  great  quantities  of  gold  and  silver  are  no  longer  found 
upon  the  surface  of  the  earth,  as  they  have  been  in  past  years ;  and  to 
penetrate  into  the  bowels  of  the  earth  requires  greater  effort,  skill  and 
outlay,  and  the  Spaniards  are  not  willing  to  do  the  w^ork  themselves,  and 
the  natives  cannot  be  forced  to  do  so,  because  the  Emperor  has  freed  them 
from  all  obligation  of  service  as  soon  as  they  accept  the  Christian  religion. 
AVherefore  it  is  necessary  to  acquire  negro  slav^,  who  are  brought  from 
the  coasts  of  Africa,  both  within  and  without  the  Straits,  and  these  are 
selling  dearer  every  day,  because  on  account  of  their  natural  lack  of 
strength  and  the  change  of  climate,  added  to  the  lack  of  discretion  upon 
the  part  of  their  masters  in  making  them  work  too  hard  and  giving  them 
too  little  to  eat,  they  fall  sick  and  the  greater  part  of  them  die.  ^ 

4.       REVENUES    OF    THE    KING    OF    SPAIN 1559- 

M.  Soriano  :  Relazione,  etc.,  I-3.  pp.  363-364.     Italian. 

From  these  his  realms  his  majesty  receives  every  year  an  income 
of  five  millions  of  gold  in  times  of  peace  :^  one  and  one-half  millions  from 
Spain ;  a  half-million  from  the  Indies ;  one  from  Naples  and  Sicily,  and 
another  from  Flanders  and  the  Low  Countries.  But  his  expenses  are 
six  millions,  and  this  excess  is  covered  by  extraordinary  taxes  according 
to  his  pleasure,  whence  it  appears  that  he  could  control  only  a  small 


^According  to  Humboldt,  Nouvelle-Espagne,  IV.  p.  562,  the  annual  export  of 
gold  from  America  to  Europe,  between  1500  and  1545  amounted  to  3,000,000 
piasters  ;  from  1545  to  1600,  to  11,000,000  piasters.  1545  was  the  date  of  the 
opening  of  the  Potosi  mines.  Ranke  (Fiirsten  und  Volker,  I,  347  ff.)  estimates  the 
amount  introduced  into  Spain,  about  1525,  at  not  much  over  2,000,000  francs,  and 
after  1550,  at  six  times  as  much. 

'■^  Earlier,  in  1532,  Niccolo  Tiepolo,  Ambassador  to  Charles  V,  writes  concerning 
the  Indies  :  "It  is  impossible  to  say  anything  certain  about  the  Indies,  because  the 
income  they  afford  varies  greatly,  so  that  in  some  years  it  has  amounted  to  150,000 
ducats,  and  in  other  years  it  has  not  exceeded  30,000  ducats,  and  in  this  way  it  is 
more  or  less,  according  as  there  is  brought  from  there  in  ships  more  or  less  gold  and 
other  minerals,  which  pay  one-fifth  to  the  crown  :  but  the  average  income,  one 
year  with  another,  might  be  put  at  about  150,000  ducats."  A  Venetian  ducat  was 
estimated  to  be  about  2^  francs. 

'•'  In  later  years,  when  Philip's  expenses,  owing  to  his  gi-eat  projects,  were  some 
fourteen  millions,  although  greater  revenues  were  extracted  from  his  realms,  a  con- 
siderable part  of  this  outlay  was  covered  by  loans,  obtained,  so  the  Venetians  relate, 
at  high  rates  of  interest,  even  at  24  per  cent. 


PREDESTINATION.  7 

amount  of  money  for  special  undertakings,  since  he  consumes  for  his 
ordinary  needs  everything  that  he  derives  from  his  realms.  But  looked 
at  from  another  point  of  view,  the  Emperor,  his  father,  although  he  had 
the  same  burdens,  was  nevertheless  able  to  carry  on  extensive  wars  and 
enterprises  in  Italy  and  outside  of  Italy,  both  by  land  and  sea,  and  the 
same  king  was  able  in  these  later  years  to  maintain  great  armies  in 
Flanders,  in  Piedmont,  in  Lombardy  and  in  the  kingdom,  and  many 
soldiers  in  Africa  against  the  Turk.  So  that  we  may  calculate  that  he 
spent  more  than  ten  millions  of  gold ;  wherefore  it  may  be  put  down  as  a 
fact  that  although  expenses  may  exceed  income,  yet  a  way  is  not  wanting 
to  great  princes,  whereby  they  may  find  large  sums  of  money  in  times  of 
great  need,  particularly  in  the  case  of  the  king  of  Spain,  not  so  much  on 
account  of  the  mines  which  are  found  in  Spain  and  the  Indies,  of  which 
the  Spanish  nation,  according  to  its  custom,  makes  no  great  account,  as 
from  the  fact  that  he  has  so  many  states  and  so  many  subjects  and  nearly 
all  are  rich,  and  from  them  he  has  had  so  much  aid,  not  through  force 
or  violence,  but  for  the  most  part  with  common  consent  of  the  people, 
persuaded  that  public  and  private  interest  demanded  such  a  policy. 

It  would  appear  that  the  great  results  which  the  Spaniards  have 
accomplished  are  not  to  be  ascribed  to  the  financial  strength  derived  from 
the  mines,  because  you  see  on  one  side  France  and  the  Turk,  extremely 
rich  without  mines,  and  on  the  other  the  Emperor,  with  more  mines  in 
his  realms  that  all  the  rest  of  Europe  possesses,  always  in  need. 

II.     THE  GENEVAN  REFORMATION. 

I.       PREDESTINATION. 

J,  Calvin  :  Institutio  Religionis  Christianae,   Liber  III,  Cap,  XXI,  §7.     Latin. 
The  works  of  John  Calvin  have  been  translated  into  English  and  published  by 
the  Calvin  Translation  Society  in  forty-seven  volumes.     Edinburgh,  1844- 1854. 

Therefore  we  say  that  the  scripture  shows  that  God,  by  His  eternal 
and  immutable  counsel  once  for  all  determined  both  those  whom  He 
desired  one  day  to  admit  to  salvation  and  those  whom  He  would  give 
back  to  destruction.  We  affirm  that  this  counsel  as  to  the  elect  is  founded 
upon  His  gratuitous  mercy,  without  any  respect  to  human  merit :  but  to 
those  whom  He  has  handed  over  to  damnation,  by  His  just  and  blame- 
less though  incomprehensible  judgment,  the  way  of  life  is  closed. 

In  the  case  of  the  elect  we  regard  calling  ^  as  an  evidence  of  election. 


^Vocationem, 


8  TRANSLATIONS    AND   REPRINTS. 

and  justification  another  token  of  its  manifestation,  until  they  arrive  in 
glory,  where  its  fulness  shall  be  found.  Just  as  God  seals  His  elect  by 
calling  and  justification  so  by  shutting  out  the  rejected  ones  either  from 
the  knowledge  of  His  name  or  the  sanctification  of  His  spirit  He  makes 
known  to  them  the  judgment  that  awaits  them, 

2.   EXTRACT  FROM  THE  GENEVAN  CATECHISM  OF  1 54 1. 

J.  Calvin  :  Opera  quae  omnia  supersunt.  Ed,  Baum,  Cunitz  and  Reuss,  Vol. 
VI,  pp.  127-130     French  (and  Latin). 

The  Genevan  Catechism  was  first  published  in  French  in  1536,  in  Latin  in 
1538,  (videy.  Calvi?i:  Opera  etc.,  Vol,  V,  pp,  313-362,)  A  later  arrangement 
was  in  French,  1541  ;  Latin,  1545.  In  regard  to  the  successive  versions  and  their 
extensive  circulation  Theodore  de  Beze,  in  his  life  of  Calvin,  writes  as  follov/s  : 
"Calvin  also  wrote  a  catechism  in  French  and  Latin,  not  at  all  differing  from  the 
former  one,  but  much  enlarged  and  in  the  form  of  question  and  answer.  This  may 
well  be  termed  an  admirable  work,  and  has  been  so  much  approved  in  foreign 
countries  that  it  has  not  only  been  translated  into  a  great  number  of  living  languages, 
such  as  German,  English,  Scotch,  Flemish  and  Spanish,  but  also  into  Hebrew  by 
Emanuel  Tremmellius,  a  Christian  Jew,  and  most  eloquently  into  Greek  by  Henry 
Stephen," 

It  is  to  be  noted  that  Beze  records  that  Calvin's  doctrinal  statements  suffered  no 
modification  as  the  movement  of  which  he  was  the  head,  progressed.  In  this 
respect  his  intellectual  history  differed  widely  from  that  of  the  Wittenberg  reformer. 

Concerning  the  Lord's  Supj^er. 

The  minister.  Have  we  in  the  supper  simply  a  signification  of  the 
things  above  mentioned,  or  are  they  given  to  us  in  reality  ? 

The  child.  Since  Jesus  Christ  is  truth  itself  there  can  be  no  doubt 
that  the  promises  he  has  made  regarding  the  supper  are  accomplished, 
and  that  what  is  figured  there  is  verified  there  also.  Wherefore  accord- 
ing as  he  promises  and  represents  I  have  no  doubt  that  he  makes  us 
partakers  of  his  own  substance,  in  order  that  he  may  unite  us  with 
him  in  one  life. 

The  minister.  But  how  may  this  be,  when  thebody  of  Jesus  Christ 
is  in  heaven,  and  we  are  on  this  earthly  pilgrimage? 

The  child.  It  comes  about  through  the  incomprehensible  power  of 
his  spirit,  which  may  indeed  unite  things  widely  separated  in  space. 

The  minister.  You  do  not  understand  then  that  the  body  is  enclosed 
in  the  bread,  or  the  blood  in  the  cup? 

The  child.  No.  On  the  contrary,  in  order  that  the  reality  of  the 
sacrament  be  achieved  our  hearts  must  be  raised  to  heaveu,  where  Jesus 
Christ  dwells  in  the  glory  of  the  Father,  whence  we  await  him  for  our 


DECISION   OF   CONSISTORY.  9 

yedemption ;  and  we  are  not  to  seek  him  in  these  corruptible  elements. 

The  minider.  Yon  understand  then  that  there  are  two  things  in 
this  sacrament :  the  natural  bread  and  wine,  which  we  see  with  the  eye, 
touch  with  the  hand  and  preceive  with  the  taste ;  and  Jesus  Christ, 
through  whom  our  souls  are  inwardly  nourished? 

The  child.  I  do.  In  such  a  way  moreover  that  we  have  there 
the  very  w^itness  and  so  to  say  a  pledge  of  the  resurrection  of  our  bodies ; 
since  they  are  made  partakers  in  the  symbol  of  life. 

3.       DECISION    OF    CONSISTORY    IN    CASE    OF    HERETICAL    PRACTICES. 

J.  Calvin  :  Opera  quae  omnia  supersunt.     Ed.  Baum,  Cunitz  and  Reuss.    Vol. 
XXI,  p.  387.     French. 

The  following  fragments,  numbered  3,  4  and  5,  may  seem  to  afford  a  milder 
view  of  the  Crenevan  government  than  has  been  commonly  accepted.  It  is  believed 
however,  that  they  represent  more  accurately  the  average  activity  of  the  organs  of 
the  Genevan  state,  than  the  exceptional  cases  which  appear  in  the  narratives  of  most 
historians  of  the  Reformation.  It  was  only  after  all  gentler  methods  had  proven 
meffective,  or  where  the  aggressor  received  the  support  of  one  of  the  factions  that 
were  seeking  to  destroy  the  state,  that  a  resort  was  had  to  measures  of  violence. 

Tuesday'  31}  Consistory.  The  sister  of  Sr.  Curtet,  Lucresse,  to 
whom  remonstrance  have  been  made  on  account  of  her  going  with  cer- 
tain monies  to  have  ma^es  said  at  Nessy^  by  the  monks  of  St.  Claire. 
Questioned  whether  she  has  no  scruples  as  to  what  she  says.  Replied 
that  her  father  and  mother  have  brought  her  up  to  obey  a  different  law 
from  the  one  now  in  force  here :  however  she  does  not  despise  the  present 
law.  Asked  as  to  when  was  the  festival  of  St.  Felix,  she  replied  that  it 
was  yesterday.  •  Asked  if  she  had  not  fasted,  she  replied  that  she  fasted 
when  it  pleased  her.  Asked  if  she  did  not  desire  to  pray  to  a  single 
God ;  said  that  she  did.  Asked  if  she  did  not  pray  to  St.  Felix ;  said 
that  she  prayed  to  St.  Felix  and  other  saints  who  interceded  for  her. 
She  is  very  obstinate.  Decision  that  she  be  sent  to  some  minister  of  her 
choice  every  sermon  day  and  that  the  Lord's  supper  be  withheld  from 
her.      Calvin  present 

1  August,  1546. 
*  Annecy  (?) 


lO  TRANSLATIONS    AND    REPRINTS. 

4.       SELECTIONS    FROM    ORDINANCES    FOR    THE    REGULATION     OF    THE 
CHURCHES    DEPENDENT   UPON   THE  SIGNORY    OF   GENEVA-^ 1 547.^ 
J.  Calvin  :  Opera,  Vol,  X,  p.  51  et  seq.     French.    . 

Concerning  the  Times  of  Assembling  at  Chureh. 
That  the  temples  be  closed  for  the  rest  of  the  time,  -  in  order  that 
no  one  shall  enter  therein  out  of  hours,  impelled  thereto  by  superstition ; 
and  if  anyone  be  found  engaged  in  any  special  act  of  devotion  therein  or 
near  by  he  shall  be  admonished  for  it :  if  it  be  found  to  be  of  a  supersti- 
tious nature  for  which  simple  correction  is  inadequate  then  he  shall  be 
chastised. 

Blasphemy. 
Whoever  shall  have  blasphemed,  swearing  by  the  body  or  by  the 
blood  of  our  Lord,  or  in  similar  manner,  he  shall  be   made  to  kiss  the 
earth  for  the  first  offence ;  for  the  second  to  pay  5  sous,  and  for  the  third 
6  sous,  and  for  the  last  ofience  be  put  in  the  pillory  for  one  hour. 

Drunkenness. 

1.  That  no  one  shall  invite  another  to  drink  under  penalty  of  3 
sous. 

2.  That  taverns  shall  be  closed  during  the  sermon,  under  penalty 
that  the  tavern-keeper  shall  pay  3  sous,  and  w^hoever  may  be  found 
therein  shall  pay  the  same  amount. 

3.  ,  If  anyone  be  found  intoxicated  he  shall  pay  for  the  first  offence 
3  sous  and  shall  be  remanded  to  the  consistory  ;  for  the  second  offence  he 
shall  be  held  to  pay  the  sum  of  6  sous,  and  for  the  third  10  sous  and  be 
put  in  prison. 

4.  That  no  one  shall  make  roiaumes^  under  penalty  of  10  sous. 

So7igs  and  Dances. 
If  anyone  sing  immoral,  dissolute  or  outrageous  songs,  or  dance  the 
virollet  or  other  dance,  he  shall  be  put  in  prison  for  three  days  and 
then  sent  to  the  consistory. 

Usury. 
That  no  one  shall  take  upon  interest  or  profit  more  than  five  per 


^  The  group  of  ordinances  from  which   the   following  examples  are  taken  was 
intended  for  the  village  churches  in  the  territory  of  Geneva. 

'-^Referring  to  ordinances  regulating  the  holding  of  religious  services. 
■^  "Grandes  fetes."  Godefroy. 


ECCLESIASTICAL  ORDINANCES  OF    1 56 T.  It 

cent.,  upon  penalty  of  confiscation  of  the  principal  and  of  being  con- 
demned to  make  restitution  as  the  case  may  demand. 

Games. 
That  no  one  shall  play  at  any  dissolute  game  or  at  any  game 
whatsoever  it  may  be,  neither  for  gold  nor  silver  nor  for  any  excessive 
stake,  upon  penalty  of  5  sous  and  forfeiture  of  stake  played  for. 

5.       EXTRACTS    FROM    ECCLESIASTICAL    ORDINANCES   OF    1 56 1. 
J.  Calvin  :  Opera,  Vol.  X.  pp.  107-108.     French. 

How  soon  marriage  must  be  consummated  after  the  promise  is  made. 

After  the  promise  is  made  the  marriage  shall  not  be  deferred  more 

than  six  weeks ;  otherwise  the  parties  shall  be  called  before  the  consistory, 

in  order  that  they  may  be  admonished.     If  they  do  not  obey  they  shall 

be  remanded  to  the  council  and  be  constrained  to  celebrate  the  marriage. 

Banns  and  Conditions. 

That  the  banns  shall  be  published  three  Sundays  in  the  church 
prior  to  the  marriage,  having  first  received  the  signature  of  the  chief 
syndic  as  a  certificate  of  recognition  of  the  parties ;  in  such  a  way,  how- 
ever, that  the  marriage  may  take  place  at  the  third  publication,  and  if 
one  of  the  parties  be  resident  in  another  parish  there  shall  be  also  a 
certificate  from  the  said  place. 

Concerning  the  Celebration  of  the  Marriage. 

That  the  parties  at  the  time  when  they  are  to  be  married  shall  go 
modestly  to  the  church,  without  drummers  and  minstrels,  preserving  an 
order  and  gravity  becoming  to  Christians ;  and  this  before  the  last  stroke 
of  the  bell,  in  order  that  the  marriage  blessing  may  be  given  before  the 
sermon.  If  they  are  negligent  and  come  too  late  they  shall  be  sent 
away. 

Of  the  Common  Residence  of  Husband  and  Wife. 

That  the  husband  shall  have  his  wife  with  him  and  they  shall  live 
in  the  same  house,  maintaining  a  common  household,  and  if  it  should 
happen  that  one  should  leave  the  other  to  live  apart  they  shall  be  sum- 
moned in  order  that  they  may  be  remonstrated  with  and  constrained  to 
-return,  the  one  to  the  other. 


12  TEANSLATIONS   AND   EEPKINTS. 

6.       COMPLAINT  OF  NICHOLAS  DE  LA  FONTAINE  AGAINST  SERVETUS. 

Process  of  14  August,  1353,  before  the  Lesser  Council  of  Ge^ieva. 
J.  Calvin  :  Opera.  Vol.  XIII,  pp.  727-731.  French. 
Among  the  possible  reasons  which  prevented  Calvin  from  appearing  personally 
against  Servetus  there  was  one  which  must  have  seemed  of  itself  sufficient.  The 
laws  regulating  criminal  actions  in  Geneva  required  that  in  certain  grave  cases  the 
complainant  himself  should  be  incarcerated  pending  the  trial.  Calvin's  delicate 
health  and  his  great  and  constant  usefulness  in  the  administration  of  the  state  ren- 
dered a  prolonged  absence  from  the  public  life  of  Geneva  impracticable. 

Nevertheless  Calvin  is  to  be  regarded  as  the  author  of  the  prosecution,  and  in 
this  and  in  the  subsequent  burning  of  Servetus  his  course  met  the  approval  of  the 
most  advanced  theologians  of  the  time.  The  idea  that  diverse  religious  views 
might  be  tolerated  in  the  same  political  area  made  little  headway  during  the  six- 
teenth century.  The  Peace  of  Augsburg  and  the  Edict  of  Nantes  are  evidences 
of  this.  In  so  far,  however,  as  a  broader  concept  was  beginning  to  make  its  way,  its 
beginnings  are  not  to  be  sought  in  the  minds  of  those  v/ho  were  sharpening  their 
prejudices  with  acrimonious  doctrinal  disputation  :  and  even  when  a  glimmering 
of  the  modern  solution  appears,  as  in  the  public  utterances  of  Chancellor  L'Hopital, 
its  expression  seems  to  have  evoked  no  favorable  response. 

Nicholas  de  la  Fontaine  ^  asserts  that  he  has  instituted  proceedings 

against  Michael  Servetus  and  on  this  account  he  has  allowed  hi^nself 

to  be  held  prisoner  in  criminal  process. 

1.  I.^  In  the  first  place  that  about  twenty-four  years  ago  the  de- 
fendant commenced  to  annoy  the  churches  of  Germany  with  his  errors 
and  heresies,  and  was  condemned  and  took  to  flight  in  order  to  escape  the 
punishment  prepared  for  him.^ 

2.  II.  Item,  that  on  or  about  this  time  he  printed  a  wretched  book, 
which  has  infected  many  people.* 

3.  III.  Item,  that  since  that  time  he  has  not  ceased  by  all  means 
in  his  power  to  scatter  his  poison,  as  much  by  his  construction  of  bibli- 
cal text,  as  by  certain  annotations  which  he  has  made  upon  Ptolemy. 

4.  IV.  Item,  that  since  that  time  he  has  printed  in  secrecy  another 
book  containing  endless  blasphemies.^ 


1  Nicholas  de  la  Fontaine  was  a  refugee  in  Geneva  and  entered  the  service  of 
Calvin,  by  whom  he  was  employed  as  secretary. 

'^  There  were  as  originally  conceived  forty  articles,  but  prior  to  the  presentation 
the  number  was  reduced  to  thirty-eight,  and  both  sets  of  numerals,  Roman  and 
Arabic,  are  preserved  in  the  original  document. 

^  It  is  impossible  to  substantiate  this  accusation  except  in  so  far  as  it  may  be 
justified  in  the  publication  of  a  book  :  De  Trinitatis  Erroribus,  I53i' 

*  Dialogormn  de  Trinitate,  1532. 

^  Christianismi  Restitutio,  1533. 


COMPLAINT   AOAINST  SERVETUS.  1 3 

5.  V.  Item,  that  while  detained  in  prison  in  the  city  of  Vienne, 
when  he  saw  that  they  were  willing  to  pardon  him  on  condition  of  his 
recanting,  he  found  means  to  escape  from  prison. 

VI.  Said  Nicholas  demands  that  said  Servetus  be  examined  upon 
all  these  points. 

VII.  And  since  he  is  able  to  evade  the  question  by  pretending 
that  his  blasphemies  and  heresies  are  nought  else  than  good  doctrine,  said 
Nicholas  proposes  certain  articles  upon  which  he  demands  said  heretic 
be  examined. 

6.  VIII.  To  wit,  whether  he  has  not  written  and  falsely  taught 
and  published  that  to  believe  that  in  a  single  essence  of  God  there  are 
three  distinct  persons,  the  Father,  the  Son,  and  the  Holy  Ghost,  is  to 
create  four  phantoms,  which  cannot  and  ought  not  to  be  imagined. 

7.  IX.  Item,  that  to  put  such  distinction  into  the  essence  of  God 
is  to  cause  God  to  be  divided  into  three  parts,  and  that  this  is  a  three- 
headed  devil,  like  to  Cerberus,  whom  the  ancient  poets  have  called  the 
dog  of  hell,  a  monster,  and  things  equally  injurious. 

8.  X.  Item,  whether  he  has  not  maintained  such  blasphemies 
most  injuriously,  as  much  against  the  ancient  doctors,  such  as  St.  Ambrose, 
St.  Augustin,  Chrysostom,  Athanasius  and  the  like  as  against  all  those 
w^ho  sought  in  our  times  to  elevate  Christianity,  even  to  calling  Melanc- 
thon  a  man  without  faith,  son  of  the  Devil,  Belial  and  Satan. 

9.  XI.  Item.,  whether  he  does  not  say  that  our  Lord  Jesus  Christ 
is  not  the  Son  of  God,  except  in  so  much  as  he  was  conceived  of  the  Holy 
Ghost  in  the  womb  of  the  virgin  Mary. 

10.  XII.  Item,  that  those  who  believe  Jesus  Christ  to  have  been 
the  word  of  God  the  Father,  engendered  through  all  eternity,  have  a 
scheme  of  redemption  which  is  fanciful  and  of  the  nature  of  sorcery. 

11.  XIII.  Item,  that  Jesus  Christ  is  God,  insomuch  as  God  has 
caused  him  to  be  such. 

12.  XIV.  Item,  that  the  flesh  of  Jesus  Christ  came  from  heaven 
and  from  the  substance  of  God. 

13.  XV.  Item,  that  divinity  was  imparted  to  Jesus  Christ  only 
when  he  was  made  man,  and  afterwards  spiritually  communicated  to  the 
apostles  on  the  day  of  Pentecost. 

14.  XVI.  Item,  that  when  it  is  said  that  Jesus  Christ  is  of  the 
same  essence  as  his  Father,  it  is  the  same  as  saying  that  in  this  man  Jesus 
Christ  there  is  the  same  Trinity,  power  and  will  as  with  God,  and  not 
that  the  word  of  God  dwells  and  subsists  in  his  essence. 


14  TRANSLATIONS   AND   REPRINTS. 

15.  XVII.  Ji5e7n,  whether  he  does  not  condemn  those  who  seek  in 
the  essence  of  God  His  holy  spirit,  saying  that  all  those  who  believe  in 
the  Trinity  are  atheists.^ 

16.  XVIII.  Item,  that  those  who  believe  in  any  distinction  of 
property  in  the  essence  of  God  dissipate  His  nature  and  reduce  it  to 
fragments. 

17.  XIX.  Item,  that  the  word  of  God  is  no  other  thing  than  the 
flesh  of  Jesus  Christ. 

18.  XX.  Item,  that  the  flesh  of  Jesus  Christ  was  engendered, 
out  of  the  substance  of  God  by  a  word  which  he  calls  "seminal." 

19.  XXL  That  the  essence  of  the  flesh  and  of  the  soul  of  Jesus 
Christ  is  the  divinity  of  this  word  and  -  of  the  breath  which  God  has 
breathed  forth. 

20.  XXII.  Item,  that  if  Jesus  Christ  were  the  Son  of  God  other- 
wise than  on  account  of  his  humanity,  because  that  is  engendered  out  of 
the  substance  of  God,  then  he  would  not  be  really  dead.  For  if  he  is 
dead  he  is  no  longer  the  Son  of  God. 

21.  XXIII.  Item,  that  when  St.  John  says  that  the  word  was  in 
God,  it  is  the  same  as  saying  that  the  man  Jesus  Christ  was  there. 

22.  XXIV.  Item,  that  the  essence  of  the  angels  and  of  our  souls 
is  of  the  substance  of  God. 

23.  XXV.  Item,  that  the  substance  of  Jesus  Christ  is  that  which 
was  in  the  skies,  and  that  this  is  the  same  substance  whence  proceed  the 
angels  and  our  souls. 

24.  XXVI.  Item,  instead  of  conferring  three  persons  in  the  es- 
sence of  God,  or  three  hypostases  which  have  each  His  property,  he  says 
that  God  is  a  single  entity,  containing  one  hundred  thousand  essences,  so 
that  He  is  a  portion  of  us,  and  that  we  are  a  portion  of  His  spirit. 

25.  XXVII.  Item,  in  consequence  whereof  not  alone  the  models 
of  all  creatures  are  in  God,  but  also  the  material  forms,  so  that  our 
souls  are  of  the  substantial  seed  of  the  word  of  God. 

26.  XXVIII.  Item,  that  Jesus  Christ  is  the  Son  of  God  because 
he  has  the  elements  of  the  substance  of  the  Father,  to  wit :  Are,  air  and 
water. 


1  Servetus  in  the  third  interrogatory  replies  to  this  that  he  does  not  apply  the  term 
atheist  to  those  who  believe  in  the  Trinity,  "but  those  who  disguise  it  as  some- 
thing which  it  is  not,  that  is  to  say,  those  who  make  a  real  distinction  in  the  divine 
essence,  for  these  in  dividing  God  remove  the  unity  of  the  divine  essence,"  Calvin 
insisted  that  the  distinction  was  a  real  one. 


COMPLAINT   AGAINST  SERVETUS.  I5 

27.  XXIX.  Item,  that  the  soul  of  man  is  mortal,  and  that  the 
only  thing  which  is  immortal  is  an  elementary  breath,  which  is  the  sub- 
stance that  Jesus  Christ  now  possesses  in  heaven  and  which  is  also  the 
elementary  and  divine  and  incorruptible  substance  of  the  Holy  Ghost. 

28.  XXX.  Item,  that  the  Fathers  under  the  Law  have  never 
received  the  spirit  of  regeneration. 

29.  XXXI.  Item,  that  by  the  sin  of  Adam  the  soul  of  man  as 
well  as  the  body  was  made  mortal. 

30.  XXXII.  Item,  that  little  children  are  sinless,  and  moreover 
are  incapable  of  redemption  until  they  come  of  age. 

31.  XXXIII.  Itein,  that  they  do  not  commit  mortal  sin  up  to 
the  age  of  twenty. 

32.  XXXIV.  Item,  that  the  baptism  of  little  children  is  an  in- 
vention of  the  Devil,  an  infernal  falsehood  tending  to  the  destruction  of 
all  Christianity. 

33.  XXXV.  Item,  that  the  word  of  God  is  no  longer  that  which 
it  was  before  the  incarnation  of  Jesus  Christ,  because  its  substance  w^as 
the  clearness  of  the  skies  and  is  now  made  flesh. 

34.  XXXVI.  Item,  that  however  much  he  confesses  that  the 
philosophers  have  erred  in  saying  that  the  word  was  Grod  Himself,  he  says 
that  Jesus  Christ,  insomuch  as  he  is  a  man,  was  always  in  God  and  that 
from  Him  is  the  divinity  of  the  world, 

35.  XXXVII.  Item,  that  the  air  is  the  Spirit  of  God  and  that 
God  is  called  Spirit,  because  He  breathes  life  in  all  things  by  His  spirit 
of  air. 

36.  XXXVIII.  Item,  the  soul  of  man  insomuch  as  it  possesses 
many  divine  properties  is  full  of  an  infinity  of  Gods. 

37.  XXXIX.  Item,  that  in  the  person  of  Msr.  Calvin,  minister  of 
the  word  of  Grod  in  the  Church  of  Geneva,  he  has  defamed  with  printed 
book  the  doctrine  which  he  preached,  uttering  all  the  injurious  and  blas- 
phemous things  which  it  is  possible  to  invent. 

38.  XL.  And  because  he  knows  well  that  his  said  book  could 
not  be  tolerated  even  among  Papists,  insomuch  as  it  destroyed  all  the 
foundations  of  Christianity,  therefore  he  hid  himself  at  the  house  of 
William  Guerou,  at  that  time  proof  corrector,  as  said  Guerou  has  testified. 

39.  Said  Nicholas  demands  that  the  said  Servetus  should  be  com- 
pelled to  respond  as  to  the  fact  of  the  articles  here  presented,  without 
entering  into  dispute  as  to  whether  the  doctrine  is  true  or  not,  because 
that  will  appear  later  on. 


1 6  TKANSLATIONS   AND   REPRINTS. 

In  the  articles  of  the  Procureur  General  are  to  be  found  several  chargfes  not 
incorporated  in  the  complaint  of  Nicholas  de  la  Fontaine.  Among  these  are  the 
following  : 

18.  Item,  whether  he  has  married,  and  if  he  answers  that  he  has 
not,  he  shall  be  asked  why,  in  consideration  of  his  age,  he  could  refrain 
so  long  from  marriage. 

21.  Item,  whether  he  did  not  know  that  his  doctrine  was  pernicious, 
considering  that  he  favors  the  Jews  and  Turks,  by  making  excuses  for 
them,  and  if  he  has  not  studied  the  Koran  in  order  to  disprove  and  con- 
trovert the  doctrine  and  religion  that  the  Christian  churches  hold,  together 
with  other  profane  books,  from  which  people  ought  to  abstain  in  matters 
of  religion,  according  to  the  doctrine  of  St.  Paul. 

22.  Item,  whether  the  said  book  Koran  is  not  a  bad  book,  full  of 
blasphemies. 


III.     THE  REFORMATION  IN  FRANCE. 

I.       THE    PEOPLE    OF    FRANCE 1 558. 

Relazione  de  Giovanni  Sorano.     Ed.  Alberi.  1,-2.,  pp.   406-409.     Italian. 

The  Reports  of  the  Venetian  Ambassadors  offer  an  invaluable  source  of  infor- 
mation regarding  the  affairs  of  Europe  during  the  sixteenth  century.  They  differ 
in  character  from  the  French  accounts  of  the  time,  in  which  the  interest  of  the 
narrator  was  centred  principally  upon  the  political  activity  of  individuals.  With 
the  growing  tendency  to  discover  the  economic  facts  that  underlay  and  actuated  this 
individual  activity  the  Venetian  Relations  are  likely  to  enjoy  an  increasing  share 
of  the  attention  of  students. 

The  inhabitants  of  the  kingdom  are  divided  into  four  classes  of  per- 
sons, viz :  nobles ;  men  of  the  long  robe ;  peasantry ;  and  clergy.  The  no- 
bles, under  which  designation  are  included  lords  and  princes,  do  not 
dwell  in  the  cities,  but  in  the  villages,  in  their  castles,  and  for  the  most 
part  give  little  attention  to  letters,  but  are  either  soldiers  or  follow  the 
court,  leaving  the  management  of  the  house  and  the  revenues  to  their 
wives. 

The  French  are,  generally  speaking,  suspicious,  high  spirited  and 
impatient  of  restraint,  wherefore  it  is  noticeable  that  in  war,  after  the 
first  dash  is  over,  they  are  almost  useless.  They  are  more  liberal  away 
from  home  than  at  home ;  nevertheless,  whoever  accommodates  himself 
to  their  moods  will  find  them  for  the  most  part  courteous.     They  avoid 


THE    PEOPLE    OF    FRANCE — 1 558.  1 7 

labor  in  so  far  as  they  are  able,  and  above  all  it  is  a  peculiarity  of  the 
Frenchman  that  he  reflects  little,  and  therefore  very  many  of  their  con- 
clusions are  hastily  arrived  at ;  whence  it  often  happens  that  they  have 
no  sooner  finished  an  undertaking  than  they  perceive  its  error  and  repent 
of  it ;  but  the  strength  of  the  kingdom  is  great  enough  to  overcome  all 
these  errors. 

There  is  no  special  burden  upon  the  nobility  beyond  that  which 
arises  from  their  feudal  holdings,  which  is  to  go  to  war  at  their  own 
expense  with  such  a  number  of  horsemen  as  may  be  determined  by  the 
conditions  of  their  investiture,  in  default  of  which  they  are  condemned 
to  pay  money,  and  now  the  burden  has  become  so  great  by  reason  of 
continued  warfare  that  the  nobility  of  France  is  seen  to  be  almost  wholly 
impoverished. 

This  militia  is  called  the  arriere-ban,  because  those  who  compose  it 
are  the  last  who  are  obliged  to  go  to  war  and  are  for  the  defence  of  the 
kingdom.  They  are  able  to  bring  out  about  16,000  horse,  and  they  do 
not  all  come  out  at  one  time,  but  only  that  part  for  which  an  immediate 
need  is  felt ;  and  from  the  fact  that  it  is  a  very  inferior  soldiery,  since 
the  lords  do  not  themselves  go  to  war,  but  send  their  retainers  and  these 
badly  equipped,  it  is  understood  that  the  king  intends  to  do  away  with 
the  obligation  to  send  men  to  war  and  substitute  a  proportionate  money 
payment,*  with  which  he  may  increase  the  number  of  his  men-at-arms. 

The  second  class  embraces  those  who  are  called  men  of  the  long 
robe,  and  is  divided  into  two  groups.  The  first,  which  is  the  better  bred, 
is  made  up  of  those  who  occupy  judicial  positions  and  all  the  other  ofiScials 
of  the  palace  and  those  as  well  who  manage  the  finances  and  accounts  of 
the  king.  All  these  offices  his  majesty  sells  for  the  lifetime  of  the  pur- 
chaser, and  their  honor  and  advantage  is  so  great  that  they  are  bought 
at  high  prices.  They  enjoy  also  many  important  privileges,  as  though 
they  were  nobles,  and  easily  secure  the  same  for  their  descendants. 

The  other  group  is  that  of  the  merchants,  who  have  personally  no 
way  of  gaining  a  share  in  any  sort  of  distinction,  but  if  they  wish  to  give 
a  certain  position  to  their  sons  they  have  them  made  doctors,  whereby  a 
judicial  career  is  open  to  them  equally  with  the  members  of  the  former 
group ;  and  it  may  be  said  moreover  that  in  them  principally  the  wealth 
of  France  is  to  be  found.  No  special  burden  is  laid  upon  this  class 
beyond  the  maintenance  of  50,000  infantry  for  four  months,  for  the 
defence  of  the  kingdom  in  time  of  war,  which  contribution  has  been  for 
some  time  so  modified  that  all  the  inhabitants  of  the  cities  and  other 


1 8  TRANSLATIONS   AND   REPRINTS. 

walled  places  now  contribute  to  it.  But  because  the  greater  part  of 
these  who  have  offices  from  the  king  are  exempt  by  special  privilege  the 
burden  has  come  to  rest  wholly  upon  those  who  are  least  able  to  bear  it. 

The  third  class  is  the  peasantry,  who  are  extremely  poor,  principally 
on  account  of  the  heavy  taxes  which  they  pay  to  the  king,  since  they 
are  obliged  to  pay  an  ordinary  taille  of  four  millions  of  francs ;  and  also 
on  account  of  the  aides,  which  amount  to  six  hundred  thousand ;  in 
addition  to  this  a  million  francs  to  augment  the  number  of  men-at-arms; 
and,  outside  of  all  this,  in  times  of  war,  the  taille  has  at  times  been 
increased  in  amount  tw^o  millions  of  francs ;  to  which  burdens  those  peas- 
ants alone  contribute  who  w^ork  the  soil.  The  assessments  are  made  first 
upon  the  provinces,  are  then  distributed  by  villages,  and  the  peasants 
arrange  the  further  per  capita  assessment,  each  one  being  responsible  for 
the  others,  in  such  a  way  that  the  king  actually  receives  the  whole 
amount  that  he  has  demanded. 

The  fourth  class  is  the  clergy,  in  which  are  comprised  the  117 
bishoprics,  15  archbishoprics  and  1230  abbacies,  besides  an  infinite 
number  of  priories  and  benefices,  which  altogether  amount  in  value  to 
six  million  francs  of  income,  and  in  ordiniary  time  the  king  levies  upon 
these  an  annual  tax  of  four  tenths ;  and  sometimes,  in  case  of  war,  even 
up  to  six  tenths.  But  from  the  fact  that  the  assessment  is  made  very 
loosely  and  upon  an  estimate  of  incomes  as  they  existed  many  years  ago, 
they  do  not  render  more  than  300,000  francs  for  each  tenth.  The  dis- 
position of  all  these  benefices  belongs  to  the  king,  except  in  the  case  of 
those  which  become  vacant  through  the  death  of  those  prelates  who  die 
at  the  Eoman  court,  and  these  belong  to  the  pope.  The  authority  for 
this  disposition  was  first  granted  by  pope  Leo ;  then  enlarged  by  Clement 
and  finally  confirmed  by  pope  Julius  II.;  nor  shall  I  omit  to  say  that 
these  benefices  are  for  the  most  part  awarded  with  little  respect  for  sacred 
things  and  by  simple  favor,  or  to  recompense  benefits  conferred,  with  little 
consideration  for  the  personality  of  the  applicant ;  in  such  a  way  that 
whoever  has  served  the  king  in  war  or  otherwise  desires  no  better  thing 
by  way  of  being  rewarded  than  with  benefices ;  wherefore  it  is  a  common 
thing  to  see  a  man  who  yesterday  was  a  soldier  or  merchant,  to-day  a 
bishop  or  abbot :  and  if  he  has  a  wife  and  cannot  assume  ecclesiastical 
garb  he  is  allowed  to  put  his  benefice  under  the  name  of  another  and 
retain  the  revenues  for  himself  And  it  is  on  this  account,  as  well  as 
through  the  evil  tendencies  of  the  time,  that  heresy  has  increased  to  such 
an  extent  in  this  realm,  that  they  say  there  are  at  present  400,000 


THE    FRENCH    PROPOSITIONS.  1 9 

Lutherans,  ^  so  united  by  intercourse  and  mutual  understanding  that  it 
is  with  great  difficulty  that  any  method  may  be  found  of  remedying  this 
state  of  affairs. 


2.       THE    FRENCH    PROPOSITIONS. 

Paolo  Sarpi  :   Istoria  del  Concilio  Tridentino.     Vol.  II,  pp.  429-431.     Italian. 

The  French  propositions  are  presented  as  setting  forth  the  program  of  the  con- 
servative element  which  aimed  at  reform  without  doctrinal  division.  The  proposi- 
tions are  described  as  representing  the  desires  of  the  court  party  in  France,  which 
at  this  time  earnestly  desired  to  arrive  at  some  substantial  bases  of  national  religious 
union.  The  propositions  were  offered  to  the  council  of  Trent  in  1563,  but  had 
little  influence  upon  the  decisions  of  that  body.  Contemporary  writers  have 
expressed  their  doubts  of  the  vigor  exhibited  by  the  French  prelates  in  pressing  a 
series  of  reforms  whose  adoption  would  have  been  so  prejudicial  to  their  pecuniary 
aspirations. 

1.  That  priests  shall  not  be  ordained  until  of  mature  years,  well 
recommended  by  the  people,  and  their  merits  proven  by  a  good  past  life ; 
that  their  carnal  offences  shall  be  punished,  and  their  transgressions, 
according  to  the  canons. 

2.  That  the  sum  of  holy  orders  shall  not  be  conferred  in  one  day 
or  at  one  time,  but  that  he  who  is  to  be  ordained  to  the  higher  shall  first 
be  approved  in  the  low  er. 

3.  That  no  priest  shall  be  ordained,  to  whom  is  not  given  at  the 
same  time  a  benefice  or  ministry,  according  to  the  Council  of  Chalcedon, 
at  which  time  a  presbyterial  title  without  its  office  was  unknow^n. 

4.  That  due  functions  shall  be  restored  to  deacons  and  other 
sacred  orders,  so  that  they  may  not  appear  to  be  empty  names  and 
merely  ceremonial. 

5.  That  priests  and  other  ministers  of  the  church  shall  attend  to 
their  vocations,  and  not  meddle  in  any  office  except  in  the  ministry  of 
God. 

7.  That  no  one  shall  be  made  bishop  who  is  not  of  lawful  age, 
manners  and  doctrine,  that  he  may  teach  and  give  an  example  to  the 
people. 

6.  That  no  one  shall  be  made  a  parish  priest  who  is  not  of  approved 


1  In  the  early  period  of  the  religious  disturbances  in  France  all  adherents  to 
heretical  confessions  were  called  Lutherans,  whether  their  inspiration  came  from 
Saxony  or  Switzerland. 


20  TRANSLATIONS   AND   REPRINTS. 

honesty,  that  he  may  teach  the  people,  celebrate  the  sacrifice,  admin- 
ister the  sacraments  and  teach  their  use  and  effect  upon  recipients. 

8.  That  no  one  shall  be  created  abbot  or  conventual  prior  who 
has  not  studied  the  sacred  letters  in  a  university  of  note,  and  obtained 
the  master's  degree  or  some  other. 

9.  That  the  bishop,  of  himself  or  by  means  of  others,  as  many  as 
are  needed,  according  to  the  extent  of  the  diocese,  shall  be  obliged  to 
preach  every  Sunday  and  Holy  Day,  in  Lent,  upon  the  days  of  fasting, 
and  in  Advent,  and  always  when  it  is  desirable. 

10.  That  the  parish  priest  shall  do  the  same  when  there  are 
hearers. 

11.  That  the  abbot  and  conventual  prior  shall  read  the  scriptures 
and  found  a  hospital,  in  order  that  the  ancient  schools  and  the  care  of 
strangers  may  be  restored  to  the  monasteries. 

12.  That  bishops,  parish  priests,  abbots  and  other  ecclesiastics  who 
are  unable  to  perform  their  office,  shall  receive  for  this  purpose  coadju- 
tors or  surrender  their  benefices. 

13.  That  there  shall  be  ordained  concerning  the  catechism  and 
summary  instruction  in  Christian  doctrine  that  which  His  Imperial 
Majesty  has  proposed  to  the  Council. 

14.  That  a  single  benefice  shall  be  conferred  upon  one  person, 
doing  away  with  the  distinction  of  quality  in  individuals  and  the  compa- 
tible and  incompatible  benefices,  new  distinctions  unknown  to  the  ancient 
decrees,  and  the  cause  of  great  disturbance  in  the  Catholic  church;  and 
the  regular  benefices  shall  be  given  to  regular,  and  the  secular  benefices 
to  secular  clergy. 

15.  That  whoever  at  the  present  time  has  two  or  more  benefices 
may  retain  that  one  only  which  he  shall  choose  within  a  brief  period  of 
time ;  otherwise  he  shall  incur  the  penalty  of  the  ancient  canons. 

16.  That  in  order  to  remove  all  cause  of  avarice  from  the  sacer- 
dotal order  nothing  shall  be  demanded,  under  any  pretext  whatsoever,  for 
the  admistration  of  holy  things;  but  it  shall  be  provided  that  the  curates^ 
and  two  or  more  clerks  shall  have  sufficient  for  them  to  live  upon  and 
exercise  hospitality ;  the  bishop  shall  accomplish  this  by  the  union  of  bene- 
fices, or  by  assigning  tithes  for  this  purpose,  or  where  this  is  not  possible 


^  Curati,  not  in  the  sense  of  the  French  cure^  i.e.,  parish  priest ;  but  assistants 
to  the  priest. 


THE   FRENCH    PROPOSITIONS.  21 

the  sovereign  may  make  provision  by  subvention  or  by  collections  imposed 
upon  the  parishes. 

17.  That  in  the  parish  masses  the  gospel  shall  be  clearly  expounded 
with  reference  to  the  capacity  of  the  people,  and  the  prayers  which  the 
parish  priest  recites  with  the  people  shall  be  in  the  vulgar  tongue,  and 
when  the  sacrifice  has  been  finished  in  Latin  public  prayers  shall  also 
be  said  in  the  vulgar  tongue,  and  at  the  same  time,  and  at  other  hours, 
spiritual  hymns  or  psalms  of  David,  approved  by  the  bishop,  may  be 
sung. 

18.  That  the  ancient  decrees  of  Leo  and  Gelasius,  for  communion 
under  both  kinds,  be  renewed. 

19.  That  previous  to  the  administration  of  each  sacrament  there 
shall  be  given  an  explanation  in  the  vulgar  tongue,  in  order  that  the 
ignorant  may  understand  its  use  and  efficacy. 

20.  That  according  to  the  ancient  canons  benefices  may  not  be 
conferred  by  vicars,  but  by  the  bishops  themselves,  before  the  expiration 
of  six  months,  otherwise  the  collation  shall  pass  to  the  next  higher  pre- 
late and  so  on  to  the  pope. 

21.  That  the  mandates  establishing  expectatives,  regresses,  resig- 
nations in  confidence  and  commendations  shall  be  revoked,  and  banished 
from  the  church,  as  contrary  to  the  decrees. 

22.  That  resignations  in  favor  shall  be  w^holly  done  away  with  in 
the  Roman  curia,  since  they  are  equivalent  to  the  election  or  naming  of 
a  successor,  a  thing  prohibited  by  the  canons. 

23.  That  simple  priories,  from  which,  contrary  to  the  conditions  of 
their  establishment,  the  cure  of  souls  has  been  taken  away  and  assigned 
to  a  permanent  vicar  with  a  small  portion  of  the  tithes  or  other  income, 
shall  upon  the  first  vacancy  be  restored  to  their  former  condition. 

24.  That  in  the  case  of  benefices,  with  which  is  conjoined  no  office 
of  preaching  or  of  the  administration  of  sacrifices,  or  other  ecclesiastical 
burden,  some  spiritual  function  shall  be  assigned  by  the  bishop,  with  the 
advice  of  his  chapter,  since  it  is  neither  right  nor  permissible  that  a 
benefice  should  exist  without  its  office. 

25.  That  pensions  may  not  be  imposed  upon  benefices  and  those 
so  imposed  shall  be  abolished,  in  order  that  the  ecclesiastical  income  may 
be  expended  for  the  maintenance  of  pastors  and  the  poor,  and  for  other 
pious  works. 

26.  That  ecclesiastical  jurisdiction  throughout  the  diocese  shall  be 
restored  in  its  entirety  to  the  bishop  and  all  exemptions  removed,  except 


22  TRANSLATIONS   AND   REPRINTS. 

in  case  of  the  heads  of  orders  and  monasteries  which  are  subject  to  them, 
and  those  who  constitute  the  general  chapters,  to  whom  exemptions  are 
granted  by  law^ful  title ;  with  this  provision  however,  that  they  may  not 
be  exempted  from  correction. 

27.  That  the  bishop  may  not  use  his  jurisdiction  nor  determine 
the  important  affairs  of  the  diocese  except  with  the  advice  of  his  chapter ; 
and  the  canons  shall  reside  continuously  in  the  cathedral  and  shall  be  of 
good  habits,  educated  and  at  least  twenty-five  years  of  age :  for  previous 
to  that  age,  since  the  law  does  not  concede  to  them  the  control  of  their 
own  goods,  they  ought  not  be  given  as  councillors  to  a  bishop. 

28.  That  the  degrees  of  consanguinity,  of  affinity  and  spiritual 
kinship  be  observed  or  reformed  anew ;  but  it  shall  not  be  permitted  to 
grant  dispensations  in  these  cases  except  to  kings  and  princes  for  the 
public  good. 

29.  That  since  many  troubles  have  arisen  on  account  of  images 
the  synod  shall  provide  that  the  people  may  be  taught  what  they  ought 
to  believe  concerning  them,  and  that  the  abuses  and  superstitions,  if  any 
have  been  introduced  into  the  worship,  shall  be  removed.  The  same 
shall  be  done  in  the  matter  of  indulgences,  pilgrimages,  relics  of  saints, 
and  of  companies  or  confraternities. 

30.  That  the  custom  of  public  and  ancient  penance  for  serious  and 
public  sins  shall  be  restored  to  the  Catholic  church  and  put  in  use,  and 
also  the  custom  of  fastings  and  other  sorrowful  exercises  and  public 
prayers,  to  appease  the  wrath  of  God. 

31.  That  excommunication  may  not  be  decreed  for  any  sort  of 
offence  or  contumacy,  but  only  for  the  heaviest  offences  and  those  in 
which  the  offender  perseveres  after  admonition. 

32.  That  in  order  to  abbreviate  or  do  aw^ay  with  suits  at  law  con- 
cerning benefices,  with  which  the  whole  ecclesiastical  order  is  contam- 
inated, the  distinctions  of  petitores  and  possessores,  newly  invented  in 
these  cases,  shall  be  removed ;  the  nominations  of  the  universities  shall 
be  abolished ;  the  bishop  shall  be  instructed  to  confer  benefices  not  upon 
him  who  seeks  but  upon  him  who  flees  them  and  is  w^orthy ;  and  the 
deserving  may  be  known  if,  after  having  received  his  degree  from  the  uni* 
versity,  he  shall  have  employed  some  time  in  preaching,  with  the  con- 
sent of  the  bishop  and  the  approbation  of  the  people. 

33.  That  when  a  suit  regarding  benefices  arises,  a  steward  shall 
be  chosen,  and  the  litigants  shall  elect  arbitrators ;  and  in  case  they  fail 
to  do  so  the  bishop  shall  appoint  them,  and  they  shall  determine  the 
case  within  six  months,  without  appeal. 


THE    COLLOQUY    OF    POISSY.  23 

34.  That  episcopal  synods  shall  be  held  at  least  once  a  year; 
provincial  synods  every  third  year ;  and  general  synods,  unless  something 
shall  prevent,  every  tenth  year. 

3.       THE   COLLOQUY   OF   POISSY. 

Theodore  de  Beze.  (?)  Histoire  Ecclesiastique  des  Eglises  Refoimees  au  Roy- 
aume  de  France.  Ed.  Geneva,  (Antwerp)  1580.  Vol,  I,  pp.  449  and  500. 
French. 

These  are  the  equitable  conditions  which  ive  request  may  be  observed 
in  the  conference  or  dispute  touching  the  matter  of  religion :  ^ 

That  bishops,  abbes  and  other  ecclesiastics  shall  not  be  constituted 
in  any  way  our  judges,  in  view  of  the  fact  that  they  are  our  opponents. 

That  it  may  please  you,  sire,  to  preside  at  the  colloquy,  accom- 
panied by  the  queen,  your  mother,  tlie  king  of  Navarre  and  other  princes 
of  the  blood  and  notable  persons  of  good  life  and  holy  doctrine,  who  have 
no  interest  in  the  case,  in  order  that  good  order  may  be  maintained  and 
all  strife  and  confusion  avoided. 

That  all  points  of  difference  may  be  judged  and  decided  according 
to  the  simple  word  of  God,  as  contained  in  the  Old  and  New  Testament, 
since  our  faith  can  be  founded  upon  this  alone,  and  that  where  any 
difficulty  arises  concerning  the  interpretation  of  words,  they  shall  use  the 
Hebrew  for  the  Old  and  the  Greek  for  the  New  Testament. 

That  two  secretaries  shall  be  chosen  upon  each  side,  who  shall 
arrange  together  the  subjects  of  dispute  for  each  day,  and  their  lists  shall 
not  be  considered  as  determined  until  they  have  been  examined  and 
signed  by  both  parties. 

Speech  of  the  king  at  the  opening  of  the  Colloquy,  September  9th,  1561. 
Gentlemen,  I  have  caused  you  to  be  assembled  from  the  various 
places  of  my  realm,  in  order  that  you  may  afford  me  counsel  upon  that 
which  my  chancellor  will  propose  to  you,  praying  you  to  put  away  all 
passion,  that  we  may  arrive  at  such  results  as  will  tend  to  the  repose  of 
all  my  subjects,  to  the  honor  of  God,  to  the  clearing  of  our  consciences 
and  to  the  public  peace  ;  things  which  I  so  ardently  desire  that  I  have 
determined  that  you  shall  not  depart  hence,  until  you  have  established 
good  order,  so  that  my  subjects  may  henceforth  dwell  together  in  peace 
and  unity,  which  things  I  hope  you  may  accomplish,  and  in  so  doing 


^  These  conditions  formed  the  substance  of  a  petition  presented  by  the  Reformed 
leaders  to  Charles  IX. 


24  TEAKSLATIONS    AND    REPRINTS. 

you  will  afford  me  occasion  for  extending  to  yon  the  same  protection 
which  the  kings  my  predecessors  have  accorded  you. 


4.       DEATH    OF    COLIGNY. 

Histoire  de  M.  de  Thou  des  choses  arrivees  de  son  temps.     Paris,  1659. 
Vol.  Ill,  pp.  660-662.      French. 

Meanwhile  Coligny  awoke  and  recognized  from  the  noise  that  a  riot 
was  taking  place.  Nevertheless  he  remained  assured  of  the  king's  good 
will,  of  which  he  was  persuaded  by  his  credulity  or  by  Teligny,  his  son- 
in-law  ;  and  he  believed  the  populace  had  been  stirred  up  by  the  Guises 
and  that  quiet  would  be  restored  as  soon  as  it  w^as  seen  that  soldiers  of 
the  guard  under  the  command  of  Cosseins  had  been  detailed  to  protect 
him  and  guard  his  property. 

But  when  he  perceived  that  the  noise  increased  and  that  some  one 
had  fired  an  arquebuse  in  the  courtyard  of  his  dwelling,  then  at  length 
conjecturing  what  it  might  be,  but  too  late,  he  arose  from  his  bed  and 
having  put  on  his  dressing-gown  he  said  his  prayers,  leaning  against  the 
wall.  Labonne  held  the  key  of  the  chamber,  and  when  Cosseins  com- 
manded him  in  the  king's  name  to  open  the  door  he  obeyed  at  once 
without  fear  and  apprehending  nothing.  But  scarcely  was  Cosseins  in 
the  room  when  Labonne,  who  stood  in  his  way,  was  killed  with  a  dagger- 
thrust.  The  Swiss,  who  were  in  the  courtyard,  when  they  saw  this,  fled 
into  the  house  and  closed  the  door,  piling  against  it  tables  and  all  the 
furniture  they  could  find.  It  was  in  the  first  scrimmage  that  a  Swiss  was 
killed  with  a  ball  from  an  arquebuse  fired  by  one  of  Cosseins'  people. 
But  finally  the  conspirators  broke  through  the  door  and  mounted  the 
stairway,  Cosseins,  Attin,  Corberan  de  Cordillac,  Seigneur  de  Sarlabous, 
first  captains  of  the  regiment  of  the  guards,  Achilles  Petrucci  of  Siena, 
all  armed  with  cuirasses,  and  Besme  the  German,  who  had  been  brought 
up  as  a  page  in  the  house  of  Guise ;  for  the  duke  of  Guise  was  lodged  at 
court,  together  with  the  great  nobles  and  others  who  accompanied  him. 

After  Coligny  had  said  his  prayers  with  Merlin  the  minister,  he 
said  without  any  appearance  of  alarm  to  those  who  were  present,  and 
almost  all  were  surgeons,  for  few  of  them  were  of  his  retinue :  "I  see 
clearly  that  which  they  seek,  and  I  am  ready  steadfastly  to  suffer  that 
death  which  I  have  never  feared  and  which  for  a  long  time  past  I  have 
pictured  to  myself  I  consider  myself  happy  in  feeling  the  approach  of 
death  and  in  being  ready  to  die  in  God,  by  whose  grace  I  hope  for  the 


DEATH    OF    (JOLIGNY.  25 

life  everlasting.  I  have  no  further  need  of  human  succor.  Go  then  from 
this  place,  my  friends,  as  quickly  as  you  may,  for  fear  lest  you  shall  be 
involved  in  my  misfortune,  and  that  some  day  your  wives  shall  curse 
me  as  the  author  of  your  loss.  For  me  it  is  enough  that  God  is  here,  to 
whose  goodness  I  commend  my  soul,  which  is  so  soon  to  issue  from  my 
body."  After  these  words  they  ascended  to  an  upper  room  whence  they 
sought  safety  in  flight  here  and  there  upon  the  tiles. 

Meanwhile  the  conspirators,  having  burst  through  the  door  of  the 
chamber,  entered,  and  when  Besme,  sword  in  hand,  had  demanded  of 
Coligny,  who  stood  near  the  door,  "Are  you  Coligny  ?"  Coligny  replied, 
"Yes,  I  am  he,"  with  fearless  countenance.  ,"But  you,  young  man,  respect 
these  white  hairs.  What  is  it  you  would  do?  You  cannot  shorten  by 
many  days  this  life  of  mine."  As  he  spoke  Besme  gave  him  a  sword 
thrust  through  the  body,  and  having  withdrawn  his  sword,  another  thrust 
in  the  mouth,  by  which  his  countenance  was  disfigured.  kSo  Coligny  fell, 
killed  with  many  thrusts.  Others  have  written  that  Goligny  in  dying 
pronounced  as  though  in  anger  these  words :  "Would  that  I  at  least  might 
die  at  "the  hands  of  a  soldier  and  not  a  valet."  But  Attin,  one  of  the 
murderers,  has  reported  as  I  have  written,  and  added  that  he  never  saw 
anyone  less  afraid  in  so  great  a  peril,  nor  die  more  steadfastly. 

Then  the  duke  of  Guise  inquired  of  Besme  from  the  courtyard  if  the 
thing  were  done,  and  when  Besme  answered  him  that  it  was,  the  duke 
replied  that  the  Chevalier  d'Angouleme  was  unable  to  believe  it  unless 
he  saw  it ;  and  at  the  same  time  that  he  made  the  inquiry  they  threw  the 
body  through  the  window  into  the  courtyard,  disfigured  as  it  was  with 
blood.  When  the  Chevalier  d'Angouleme,  wdio  could  scarcely  believe 
his  eyes,  had  wiped  away  with  a  cloth  the  blood  wdiich  overran  the  face 
and  finally  had  recognized  him,  some  say  that  he  spurned  the  body  with 
his  foot.  However  this  may  be,  when  he  left  the  house  with  his  followers 
he  said :  "Cheer  up,  my  friends  !  Let  us  do  thoroughly  that  w^hich  we 
have  begun.  The  king  commands  it."  He  frequently  repeated  these 
words  and  as  soon  iis  they  had  caused  the  palace  clock  to  strike,  on  every 
side  arose  the  cry  "To  arms,"  and  the  people  ran  to  the  house  of  Coligny. 
After  his  body  had  been  insultingly  treated  in  every  way,  they  threw  it 
into  a  neighboring  stable  and  finally  cut  ofi"  his  head,  which  they  sent  to 
Rome.  They  also  cut  ofi*  his  privates  and  his  hands  and  feet  and  drag- 
ged his  body  through  the  streets  to  the  bank  of  the  Seine,  a  thing  w^hich 
he  had  formerly  almost  prophesied,  although  he  did  not  think  of  any- 
thing like  this. 


26  TKANSLATIONS    AND   REPRINTS. 

As  the  children  were  throwing  the  body  into  the  river,  it  was  dragged 
out  and  placed  upon  the  gibbet  of  Montfaucou,  where  it  hung  by  the  feet 
in  chains  of  iron ;  and  then  they  built  a  fire  beneath,  by  which  he  was 
burned  without  being  consumed ;  so  that  he  was,  so  to  speak,  tortured 
with  all  the  elements,  since  he  was  killed  upon  the  earth,  thrown  into 
the  water,  placed  upon  the  fire,  and  finally  put  to  hang  in  the  air. 
After  he  had  served  for  several  days  as  a  spectacle  to  gratify  the  hate  of 
many  and  arouse  the  just  indignation  of  many  others,  who  reckoned 
that  this  fury  of  the  people  would  cost  the  king  and  France  many  a 
sorrowful  day,  Francois  de  Montmorency,  who  was  nearly  related  to 
the  dead  man,  and  still  more  his  friend,  and  who  moreover  had  escaped 
in  time  the  danger,  had  him  taken  by  night  from  the  gibbet  by  trusty 
men  and  carried  to  Chantilly,  where  he  was  buried  in  the  chapel. 

5.       THE    ARTICLES    OF    THE    LEAGUE. 

P.  V.  Palma  Cayet  :  Chronologie  Novenaire.     Ed.  Buchon.  pp.  8-9.     French. 

In  the  name  of  the  Holy  Trinity,  Father,  Son,  and  Holy  Ghost,  our 
only  true  God,  to  whom  he  glory  and  honor. 

I.  The  association  of  catholic  princes,  lords  and  gentlemen  is 
intended  to  be  and  shall  be  formed  for  the  purpose  of  establishing  the 
law  of  God  in  its  entirety ;  to  restore  and  maintain  the  holy  service  of 
the  same  according  to  the  form  and  manner  of  the  holy  Catholic  Apos- 
tolic Roman  church,  abjuring  and  renouncing  all  errors  to  the  contrary. 

II.  To  maintain  king  Henry,  third  of  this  name,  by  the  grace  of 
God,  and  his  successors,  very  Christian  kings,  in  the  state,  splendor, 
authority,  duty,  service  and  obedience  which  are  due  him  from  his  sub- 
jects, as  is  contained  in  the  articles  which  shall  be  presented  to  him  at 
the  meeting  of  the  Estates,  which  he  swears  and  promises  to  protect  at 
his  consecration  and  coronation,  solemnly  asserting  that  he  will  do  nothing 
prejudicial  to  that  which  shall  be  ordained  by  the  said  Estates. 

III.  To  restore  to  the  provinces  of  this  kingdom  and  the  Estates  of 
the  same  the  ancient  rights,  prerogatives,  franchises  and  liberties,  such  as 
they  were  in  the  time  of  king  Clovis,  the  first  Christian  king,  and  still 
better  and  more  profitable,  if  such  are  to  be  found,  under  the  protection 
above  named. 

IV.  In  case  there  be  any  hindrance,  opposition  or  rebellion  against 
that  which  has  been  stated  above,  let  it  come  from  whatsoever  source  it 
may,  the  said  associates  shall  be  bound  and  obliged  to  make  use  of  all 


ARTICLES    OF   THE    LEAGUE.  27 

their  possessions  and  means,  and  their  very  selves,  even  to  death,  in  order 
to  punish,  chastise  and  fall  upon  those  who  have  sought  to  constrain  and 
hinder  them ;  and  to  see  to  it  that  all  the  provisions  above  related  shall 
be  put  into  execution  in  reality  and  in  fact. 

V.  In  case  any  of  the  associates,  their  subjects,  friends  and  allies 
should  be  molested,  oppressed  and  made  subject  to  investigation  in  the 
cases  above  mentioned  by  any  person  whatsoever,  the  said  associates 
shall  be  bound  to  make  use  of  their  persons,  goods  and  means,  for  the 
purpose  of  obtaining  revenge  upon  those  who  have  been  guilty  of  the 
said  oppressions  and  annoyances,  whether  by  way  of  judicial  process  or  by 
force  of  arms,  making  no  exception  of  any  person  whatsoever. 

VI.  If  it  should  come  to  pass  that  any  of  the  associates,  after 
having  sworn  an  oath  to  the  said  association,  should  wish  to  retire  or 
withdraw  from  the  same  under  any  pretext  whatsoever  (w^hich  may  God 
forbid),  such  persons,  falling  away  from  their  agreements,  shall  be  injured 
in  person  and  possessions,  in  all  wa3^s  which  may  be  devised,  as  enemies 
of  God,  rebels,  violators  of  the  public  peace,  without  the  said  associates 
being  disturbed  or  subject  to  investigation,  either  in  public  or  in  private. 

VII.  The  said  associates  shall  swear  absolute  and  ready  obedience 
and  service  to  the  head  who  shall  be  selected,  to  follow  him  and  give 
counsel  and  comfort,  as  much  for  the  support  and  preservation  of  the 
said  association  as  for  the  destruction  of  those  who  set  themselves  against 
it,  without  respect  of  persons :  and  defaulting  and  dilatory  members  shall 
be  punished  by  authority  of  the  head  and  according  to  regulations  laid 
down  by  him,  to  which  the  said  associates  shall  submit  themselves. 

VIII.  Notice  shall  be  given  to  all  Catholics  in  incorporated  towns 
and  villages  and  they  shall  be  summoned  secretly  by  the  local  governors 
to  enter  into  the  said  association  and  to  furnish  their  due  proportion  of 
arms  and  men  for  the  purpose  of  the  same,  each  according  to  his  power 
and  ability. 

IX.  That  those  who  are  unwilling  to  enter  into  the  said  association 
shall  be  considered  enemies  of  the  same  and  be  subject  to  all  sorts  of 
injuries  and  annoyances. 

X.  It  is  forbidden  to  the  said  associates  to  enter  into  disputes  or 
feuds  among  themselves  without  permission  of  the  head,  by  whose 
decision  offenders  shall  be  punished,  as  much  for  the  purpose  of  obtain- 
ing honorable  satisfaction,  as  in  other  cases. 

XI.  If  for  the  protection  or  the  greater  security  of  the  said  asso- 
ciates any  treaty  should  be  made  with  the  provinces  of  this  realm,   it 


28  TRANSLATIONS    AND    REPRINTS. 

shall  be  in  the  form  above  indicated  and  under  the  same  conditions 
whether  the  association  be  extended  to  the  said  towns  or  demanded  by 
them,  unless  the  heads  shall  hold  another  opinion. 

XII.  I  swear  by  God  the  Creator,  upon  the  Gospels,  and  upon 
penalty  of  anathema  and  eternal  damnation,  that  I  have  entered  into 
this  holy  Catholic  association  according  to  the  form  of  the  agreement 
which  has  now  been  read  to  me,  loyally  and  sincerely,  be  it  to  command, 
to  obey,  or  to  serve ;  and  I  promise  upon  my  life  and  my  honor,  not  to 
spare  myself  up  to  the  last  drop  of  my  blood ;  and  that  I  will  not  oppose 
the  association  or  withdraw  from  it  on  account  of  any  command,  pretext, 
or  excuse,  whatever  may  be  the  occasion. 

6.       FRENCH    POLITICAL    VERSES    OF    THE    i6TH    CENTURY. 

Pierre  de  Lestoile  ;  Memoires  et  Journal.   Ed.  Michaud,  Vol.  XIV,  p.  i6  etseq. 
French. 

Par  I'oeil,  I'espaule  et  I'oreille, 
Dieu  a  fait  en  France  merveille ; 
Par  I'oreille,  I'espaule  et  I'oeil, 
Dieu  a  mis  troi  rois  au  cerceuil  ; 
Par  I'oeil,  I'oreille  et  I'espaule, 
Dieu  a  tue  trois  rois  en  Gaule, 
Antoine,  Fran9ois  et  Henry, 
Qui  de  lui  point  n'ont  en  soucy. 

By  the  eye,  the  shoulder  and  the  ear  God  has  worked  wonders  in 
France ;  by  the  ear,  the  shoulder  and  the  eye  God  has  brought  three  kings 
to  the  bier;  by  the  eye,  the  ear  and  the  shoulder  God  has  killed  three 
kings  in  Gaul :  Anthony,  Francis  and  Henry,  who  never  troubled  them- 
selves at  all  about  Him. 

Cy  gist  (mais  c'est  mal  entendu, 
Le  mot  pour  lui  est  trop  honneste) : 
Ici  r admiral  est  pendu 
Par  les  pieds,  a  faute  de  teste. 

Here  lies — (but  that  isn't  just  the  thing ;  the  word  is  too  decent  for 
him): — here  is  hung  the  Admiral,  by  the  feet,  in  default  of  a  head. 

L'on  demande  la  convenance 
De  Catherine  et  Jezabel, 


FRENCH    POLITICAL   VERSES.  29 

L'une,  ruine  d'  Israel ; 

L' autre,  ruine  de  la  France. 

L'une  estoit  de  malice  extresme, 

Et  r autre  est  la  malice  mesme. 

Enfin  le  judgement  fut  tel : 

Par  une  vengeance  divine, 

Les  chiens  mangerent  Jezabel ; 

La  charonge  de  Catherine 

Sera  different  en  ce  point 

Car  les  chiens  mesmes  n'en  vondront  point. 
If  you  ask  the  points  of  resemblance  between  Catherine  and  Jezebel 
07ie  was  the  ruin  of  Israel ;  the  other  the  ruin  of  France.  One  was 
extremely  malicious;  the  other  is  malice  itself.  In  a  word  the  judgment 
would  be  like  this:  By  an  act  of  divine  vengeance  the  dogs  devoured 
Jezebel ;  the  carrion  of  Catherine  ivill  have  a  different  fate  in  this  respect, 
because  the  very  dogs  will  have  nothing  to  do  with  it. 


Registre-Journal  de  Henri  III.     Ed.  Michaud,  Vol.  XIV.,  p.  198. 
TOUTE   A   TOUTES   SAUSSES. 

Le  pauvre  peuple  endure  tout, 
Les  gens  d'armes  ravagent  tout, 
La  Sainte  Eglise  paye  tout, 
Les  favoris  demandent  tout, 
Le  bon  roi  accorde  tout, 
Le  parlement  verifie  tout, 
Le  chancelier  scelle  tout, 
La  Reine  mere  conduit  tout, 
Le  Pape  leur  pardonne  tout, 
Chicot  tout  seul  se  rit  de  tout, 
Le  diable  a  la  fin  aura  tout. 

The  poor  people  endure  all,  the  troops  plunder  all,  the  holy  church 
pays  all,  the  favorites  demand  all,  the  good  king  yields  all,  the  parlement 
approves  all,  the  chancellor  seals  all,  the  queen  mother  conducts  all,  the 
pope  pardons  all  to  them,  Chicot  ^  is  the  only  one  ivho  laughs  at  all,  the 
devil  will  eventually  have  all. 

^Probably  a  sixteenth  century  "Punch,"  who  is  supposed  to  recite  the  above. 


30  TRANSLATIONS    AND    REPRINTS. 

7.       EXTRACTS    FROM    THE    EDICT    OF    NANTES. 
Dumont :  Corps  Diplomatique.     Vol.  V,  p.  545  et  seq.     French. 

The  Edict  of  Nantes,  called  the  Edict  of  Henry  IV.  for  the  Pacification  of  the 
troubles  of  his  Realm,  was  given  at  Nantes  in  the  month  of  April,  1598,  and  published 
in  Parlement  February  15,  1599.  Itis  of  great  length,  containing  92  articles  in 
the  body  of  the  edict,  to  which  are  appended  56  special  articles.  Out  of  these  a 
few  articles  have  been  selected  which  seemed  to  embody  the  more  important  pro- 
visions concerning  the  settlement  of  the  religious  disorders  in  France. 

III.  We  ordain  that  the  Catholic  Apostolic  and  Koman  religion 
shall  be  restored  and  reestablished  in  all  places  and  localities  of  this  our 
kingdom  and  countries  subject  to  our  sway,  where  the  exercise  of  the 
same  has  been  interrupted,  in  order  that  it  may  be  peaceably  and  freely 
exercised,  without  any  trouble  or  hindrance.  Forbidding  very  expressly 
all  persons  of  whatsoever  estate,  quality  or  condition,  under  the  penal- 
ties recited  above,^  from  troubling,  molesting  or  disturbing  ecclesiastics 
in  the  celebration  of  divine  service,  in  the  enjoyment  or  perception  of 
tithes,  fruits  or  revenues  of  their  benefices,  and  all  other  rights  and  dues 
belonging  to  them ;  and  that  all  those  who  during  the  troubles  have 
taken  possession  of  churches,  houses,  goods  or  revenues  belonging  to  the 
said  ecclesiastics,  and  who  retain  and  occupy  the  same,  shall  surrender 
to  therii  entire  possession  and  peaceable  enjoyment  of  such  rights,  liber- 
ties and  sureties  as  they  had  before  they  were  deprived  of  them.  For- 
bidding thus  very  expressly  to  those  of  the  said  religion  called  Reformed^ 
to  have  preaching  or  perform  other  exercise  of  the  said  religion  in 
churches,  houses  and  habitations  of  the  said  ecclesiastics. 

VI.  And  in  order  to  leave  no  occasion  for  troubles  or  differences 
between  our  subjects  we  have  permitted  and  herewith  permit  those  of 
the  said  religion  called  Reformed  to  live  and  abide  in  all  the  cities  and 
places  of  this  our  kingdom  and  countries  of  our  sway,  without  being 
annoyed,  molested  or  compelled  to  do  anything  in  the  matter  of  religion 
contrary  to  their  consciences,  nor  for  this  reason  to  be  subject  to  visitation 
in  houses  and  places  where  they  desire  to  dwell,  upon  condition  that  they 
comport  themselves  in  other  respects  according  to  that  which  is  contained 
in  this  our  present  edict. 

VII.  It  is  permitted  to  all  lords,  gentlemen  and  other  persons, 
natives  and  others  as  well,  making  profession  of  the  said  religion  called 


^  Of  punishment  as  a  breaker  of  the  peace  and  disturber  of  the  public  repose, 
'^  ^Hadite  Religion  prctendue  Refonnce.''^ 


THE   EDICT   OF    NANTES.  3 1 

Reformed,  having  high  justice  or  full  military  tenure^  [as  in  Normandy] 
in  our  realm  or  in  the  countries  of  our  sway,  be  it  as  proprietor  or  in 
usufruct,  in  whole  or  in  half,  or  for  a  third  part,  to  enjoy  in  their  houses 
of  said  high  justice  or  tenure  as  above  mentioned,  which  they  shall  be 
required  to  name  before  our  bailiffs  and  seneschals,  each  one  in  his 
jurisdiction,  as  their  principal  domiciles,  the  exerciseof  the  said  religion, 
so  long  as  they  there  reside ;  and  in  their  absence  their  wives,  or  indeed 
their  family,  or  any  part  of  the  same ;  and  even  if  the  right  of  high  justice 
or  full  military  tenure  be  in  controversy,  nevertheless  the  exercise  of 
the  said  religion  may  be  enjoyed,  providing  the  aforesaid  persons  shall 
be  in  actual  possession  of  the  said  right  of  high  justice,  even  though  our 
own  Procureur  General  be  a  party  to  the  suit.  We  hereby  permit  the 
enjoyment  of  the  said  religion  in  their  other  houses  of  high  justice  or 
military  tenure  as  aforesaid  only  when  they  are  there  present,  and  not 
otherwise:  all  this  equally  for  themselves,  their  families  and  subjects  as 
well  as  for  others  who  desire  to  be  present. 

VIII.  In  houses  of  fiefs,  where  those  of  the  said  religion  have  not 
the  said  high  justice  or  military  tenure,  the  exercise  of  the  said  religion 
may  be  enjoyed  for  the  family  alone.  It  is  not  however  intended,  in 
case  there  should  happen  to  arrive  other  persons,  up  to  the  number  of 
thirty  outside  of  the  family,  whether  it  be  upon  the  occasion  of  a  baptism, 
visits  of  friends  or  otherwise,  that  this  should  be  cause  for  investigation  : 
provided  also  that  the  said  houses  shall  not  be  within  the  cities,  towns  or 
villages  belonging  to  Catholic  lords  other  than  ourselves,  having  the 
right  of  high  justice,  in  which  the  said  Catholic  lords  shall  have  their 
houses.  In  which  case  those  of  the  said  religion  shall  not  be  able  to 
enjoy  said  exercise  in  said  towns  or  villages,  unless  by  permission  and 
leave  of  said  lords  high  justices,  and  not  otherwise. 

IX.  We  also  permit  those  of  the  said  religion  to  make  and  con- 
tinue the  ex:ercise  of  the  same  in  all  villages  and  places  of  our  dominion 
where  it  was  established  by  them  and  publicly  enjoyed  several  and 
divers  times  in  the  year  1597,  up  to  the  end  of  the  month  of  August, 
notwithstanding  all  decrees  and  judgments  to  the  contrary. 

XIII.  We  very  expressly  forbid  to  all  those  of  the  said  religion 
the  exercise,  either  in  respect  to  ministry,  regulation,  discipline  or  the 
public  instruction  of  children,  and  otherwise,  in  this  our  kingdom  and 
lands  of  our  dominion,  of  all  that  concerns  religion,  otherwise  than  in 
the  places  permitted  and  granted  by  the  present  Edict. 

^  "  Fief  de  Haubert  "  a  grade  of  nobility  ranking  next  below  barons. 


32  TRANSLATIONS    AND    REPRINTS. 

XIV.  As  well  from  performing  any  function  of  the  said  religion 
in  our  court  or  retinue,  or  equally  in  our  lands  and  territories  beyond  the 
mountains,  or  in  our  city  of  Paris  or  within  five  leagues  of  the  said  city  : 
at  the  same  time  those  of  the  said  religion  who  live  in  the  said  lands 
and  territories  beyond  the  mountains  and  in  our  said  city,  and  for  five 
leagues  there  about,  may  not  be  investigated  in  their  houses,  nor  con- 
strained to  do  anything  in  respect  to  religion  contrary  to  their  consciences, 
providing  they  comport  themselves  in  other  respects  according  to  that 
which  is  contained  in  our  present  Edict. 

XV.  And  it  will  not  be  allowed  to  exercise  the  said  religion  in 
the  armies,  except  in  the  quarters  of  those  chiefs  who  may  be  of  that  con- 
fession, not  however  in  those  quarters  wherein  our  own  person  is  lodged. 

XVIII.  We  also  forbid  all  our  subjects  of  whatever  quality  and 
condition,  from  carrying  off  by  force  or  persuasion,  against  the  will  of 
their  parents,  the  children  of  the  said  religion,  in  order  to  cause  them  to 
be  baptised  or  confirmed  in  the  Catholic  Apostolic  and  Roman  church : 
and  the  same  is  forbidden  to  those  of  the  said  religion  called  Reformed, 
upon  penalty  of  being  punished  with  especial  severity. 

XXI.  Books  concerning  the  said  religion  called  Reformed  may 
not  be  printed  and  publicly  sold,  except  in  cities  and  places  where  the 
public  exercise  of  the  said  religion  is  permitted.  And  as  for  the  other 
books,  which  may  be  printed  in  other  cities,  they  shall  be  examined  and 
investigated,  as  much  by  our  officers  as  by  theologians,  according  as  it  is 
prescribed  in  our  ordinances.  We  forbid  very  expressly  the  printing, 
publishing  and  sale  of  all  books,  pamphlets  and  writings  of  a  defamatory 
character,  upon  the  penalty  indicated  in  our  ordinances  :  and  we  enjoin 
our  judges  and  officers  to  carry  out  this  order. 

XXII.  We  ordain  that  there  shall  be  no  difference  or  distinction 
made  in  respect  to  the  said  religion,  in  receiving  pupils  to  be  instructed 
in  universities,  colleges  and  schools ;  nor  in  receiving  the  sick  and  poor 
into  hospitals,  retreats  and  public  charities. 

XXIII.  Those  of  the  said  religion  called  Reformed  shall  be  obliged 
to  respect  the  laws  of  the  Catholic  Apostolic  and  Roman  church,  recog- 
nized in  this  our  kingdom,  for  the  consummation  of  marriages  contracted 
or  to  be  contracted  as  regards  the  degrees  of  consanguinity  and  kinship. 


Translations  and  Reprints 

FROM  THE 

ORIGINAI.  SOURCES  OF  EUROPEAN  HISTORY. 

Vol.  III.                         The  Witch-Persecutions.                        No.  4. 

TABLE  OF  CONTENTS. 

PAGB 

Introduction, i 

I.       The  Theory  of  Witch-Persecution. 

1.  The  Nature  and  Reality  of  Witchcraft, 2 

2.  The  Duty  of  Persecution, 5 

II.       The  Beginnings  of  the  Witch-Persecutions. 

1.  Witch-persecution  in  the  earlier  fifteenth  century,  .    .  6 

2.  The  Witch-Bull  of  1484,      7 

3.  The  Witch-Hammer, 10 

III.       The  Witch-Persecution  at  Trier. 

1.  The  Scope  of  the  Persecution,      13 

2.  The  Recantation  of  Loos, 14 

IV.       The  Witch-Persecution  at  Bonn, 18 

V.       The  Witch-Persecution  in  Scotland, .  19 

VI.       The  Witch-Persecution  at  Bamberg,      23 

VII.       The  Witch-Persecution  at  Wurzburg, 28 

VIII.       The  Methods  of  the  Witch-Persecutions, 30 

IX.       Select  Bibliography, 36 


INTRODUCTION. 

The  belief  in  witchcraft  and  the  persecution  of  those  supposed  to  practice  it 
have  been  almost  universal  in  human  history.  Christianity  inherited  both  the  be- 
lief and  the  persecution  from  the  religions,  Jewish  and  pagan,  which  preceded  it. 
But,  by  the  twelfth  century,  under  the  influence  of  its  monotheistic  faith  and  its  hu- 
mane spirit,  the  panic  and  the  persecution  had  alike  nearly  disappeared  from 
Christendom.  When,  however,  in  the  thirteenth  century,  the  scholastic  theology, 
in  its  love  of  logical  completeness,  gave  prominence  afresh  to  the  Devil  and  his  fol- 
lowers as  the  counterpart  and  parody  of  God  and  his  church,  and  when,  in  the 
fourteenth  century,  the  Holy  Inquisition,  successful  in  rooting  out  the  heretics, 
turned  its  idle  hands  to  the  extirpation  of  those  viler  sinners  who  had  sold  them- 
selves wholly  to  Satan,  the  terror  revived.  The  witch-persecutions  it  engendered 
ravaged  for  centuries  all  Christian  lands,  and  have  not  yet  wholly  died  away. 
It  is  with  these  persecutions,  from  their  rise  into  full  activity  in  the  fifteenth  cen- 
tury to  their  culmination  in  the  seventeenth,  that  the  present  study  deals.  It 
seeks  to  illustrate  their  source,  their  scope,  and  their  methods.  With  the  super- 
stitions which  suggested  the  charges  it  concerns  itself  little.  Both  in  these  and  in 
the  procedure  there  is  much  too  foul  or  too  brutal  for  reproduction  here.  It  was, 
indeed,  no  small  part  of  the  evil  of  the  matter,  that  it  so  long  debauched  the  imagi- 
nation of  Christendom. 


2  TRANSLATIONS    AND   REPRINTS. 

I.     THE  THEORY  OF  WITCH-PERSECUTION. 

Perhaps  no  better  statement  of  the  theory  of  witch-persecution,  as  it  came 
to  be  accepted  in  all  lands  and  by  all  shades  of  faith  throughout  Christendom,  can 
anywhere  be  found  than  that  of  the  Rev.  Cotton  Mather  in  a  sermon  which  did 
much  to  make  that  theory  known  and  effective  in  New  England.  The  sermon, 
preached  in  Boston  in  1689,  was  speedily  printed,  under  the  title  of  A  Discourse 
on  Witchcraft,  in  Mather's  Memorable  Providences  relating  to  Witchcrafts 
and  Possessions  (Boston,  1689).  This  book,  "recommended  by  the  Ministers  of 
Boston  and  Charleston,"  was  in  no  small  degree  responsible  for  the  great  Salem 
persecution,  which  broke  out  in  1692. 

I.      THE   NATURE   AND    REALITY    OF   WITCHCRAFT. 
Cotton   Mather  :    Memorable  Providences  relating  to  Witchcrafts  and  Posses- 
sions (Boston,  1689),  pp.  4-9  of  "A  Discourse  on  Witchcraft."      English. 

Such  aa  Hellish  thing  there  is  as  WitGheraft  in  the  World.  There 
are  Two  things  which  will  be  desired  for  the  advantage  of  this  Asser- 
tion.    It  should  first  be  show'd, 

WHAT    Witchcraft  is; 

My  Hearers  will  not  expect  from  me  an  accurate  Definition  of  the 
vile  Thing ;  since  the  Grace  of  God  has  given  me  the  Happiness  to 
speak  without  Experience  of  it.  But  from  Accounts  both  by  Beading 
and  Hearing  1  have  learn' d  to  describe  it  so. 

WITCHCRAFT  is  the  Doing  of  Strange  (and  for  the  most  part 
III)  Things  by  the  help  of  evil  Spirits,  Covenanting  with  (and  usually 
Representing  of)  the  woful  children  of  men. 

This  is  the  Diabolical  Art  that  Witches  are  notorious  for. 

First.  Witches  are  the  Doers  of  Strange  Things.  They  cannot 
indeed  perform  any  proper  Miracles ;  those  are  things  to  be  done  only 
by  the  Favourites  and  Embassadours  of  the  LORD.  But  Wonders  are 
often  produced  by  them,  though  chiefly  such  Wonders  as  the  Apostle 
calls  in  2.  Thes.  2.  9.  Lying  wonders.  There  are  loonderfid  Storms  in 
the  great  World,  and  wonderful  Wounds  in  the  little  World,  ^  often  ef- 
fected by  these  evil  Causes.  They  do  things  which  transcend  the  ordi- 
nary Course  of  Nature,  and  which  puzzle  the  ordinary  Sense  of 
Mankind.  Some  strange  things  are  done  by  them  in  a  way  of  Real 
Production.  They  do  really  Torment,  they  do  really  Afflict  those  that 
their  Spite  shall  extend  unto.  Other  Strange  Things  are  done  by  them 
in  a  way  of  Crafty  Illusion.     They  do  craftily  make  of  the  Air,  the 


i.  e.,  in  Man — the  microcosm.     The  "great  world"  is  the  universe. 


THE   THEORY    OF    WITCH-PERSECUTION.  3 

Figures  and  Colours  of  things  that  never  can  be  truly  created  by  them. 
All  men  might  see,  but,  I  believe,  no  man  could /eeZ,  some  of  the  Things 
which  the  Magicians  of  Egypt  exhibited  of  old. 

Secondly.  They  are  not  only  strange  Things,  but  III  Things,  that 
Witches  are  the  Doers  of.  In  this  regard  also  they  are  not  the  Au- 
thors of  Miracles :  those  are  things  commonly  done  for  the  Good  of  Man, 
alwaies  done  for  the  Praise  of  God.  But  of  these  Hell-hounds  it  may 
in  a  special  manner  be  said,  as  in  Psal.  52.  3.  Thou  lovest  evil  more  than 
good.  For  the  most  part  they  labour  to  robb  Man  of  his  Ease  or  his 
Wealth ;  they  labour  to  wrong  God  of  His  Glory.  There  is  Mention 
of  Creatures  that  they  call  White  Witches,  which  do  only  Good-Turns 
for  their  Neighbours.  I  suspect  that  there  are  none  of  that  sort ;  but 
rather  think.  There  is  none  that  doeth  good,  no,  not  one.  If  they  do 
good,  it  is  only  that  they  may  do  hurt. 

Thirdly.  It  is  by  virtue  of  evil  Spirits  that  Witches  do  what  they 
do.  We  read  in  Ephes.  2,  2.  about  the  Prince  of  the  power  of  the  air. 
There  is  confined  unto  the  Atmosphere  of  our  Air  a  vast  Power,  or  Army 
of  Evil  Spirits,  under  the  Government  of  a  Prince  who  employes  them 
in  a  continual  Opposition  to  the  Designs  of  GOD ;  The  Name  of  that 
Leviathan,  who  is  the  Grand-Seigniour  of  Hell,  we  find  in  the  Scripture 
to  be  Belzehuh.  Under  the  Command  of  that  mighty  Tyrant,  there  are 
vast  Legions  &  Myriads  of  Devils,  whose  Businesses  &  Accomplish- 
ments are  not  all  the  same.  Every  one  has  his  Post,  and  his  Work ; 
and  they  are  all  glad  of  an  opportunity  to  be  mischievous  in  the  World. 
These  are  they  by  whom  Witches  do  exert  their  Devillish  and  malig- 
nant Rage  upon  their  Neighbours:  And  especially  Two  Acts  concur 
hereunto.  The  First  is.  Their  Covenanting  with  the  Witches.  There  is 
a  most  hellish  League  made  between  them,  with  various  Rites  and  Ch-e- 
mmvies.  The  Witches  promise  to  serve  the  Devils,  and  the  Devils  prom- 
ise to  help  the  witches;  Howf  It  is  not  convenient^  to  be  related. 
The  Second  is,  their  Representing  of  the  Witches.  And  hereby  indeed 
these  are  drawn  into  Snares  and  Cords  of  Death.  The  Devils,  when 
they  go  upon  the  Errands  of  the  Witches,  do  bear  their  Names;  and 
hence  do  Harmes  too  come  to  be  carried  from  the  Devils  to  the 
Witches.  We  need  not  suppose  such  a  wild  thing  as  the  Transforming 
of  those  Wretches  into  Bruits  or  Birds,  as  we  too  often  do. 


^i.e.,  not  seemly:  perhaps  because  the  details  are  too  vile,  perhaps  because 
the  preacher  will  not  tempt  his  hearers. 


4  TRANSLATIONS    AND   REPRINTS. 

It  should  next  be  proved  THAT  Witchcraft  is. 

The  Being  of  such  a  thing  is  denied  by  many  that  place  a  great 
part  of  their  small  wit  in  derideing  the  Stories  that  are  told  of  it.  Their 
chief  Argument  is,  That  they  never  saw  any  Witches,  therefore  there 
are  none.  Just  as  if  you  or  I  should  say.  We  never  met  with  any  Rob- 
bers on  the  Road,  therefore  there  never  was  any  Padding  there. 

Indeed  the  Devils  are  loath  to  have  true  Notions  of  Witches  en- 
tertained with  us.  I  have  beheld  them  to  put  out  the  eyes  of  an  en- 
chaunted  Child,  when  a  Book  that  proves,  There  is  Witchcraft,  was  laid 
before  her.  But  there  are  especially  Two  Demonstrations  that  evince 
the  Being  of  that  Infernal  mysterious  thing. 

First.  We  have  the  Testimony  of  Serij^ture  for  it.  We  find 
Witchcrafts  often  mentioned,  sometimes  by  way  of  Assertion,  sometimes 
by  way  of  Allusion,  in  the  Oracles  of  God.  Besides  that.  We  have 
there  the  History  of  diverse  Witches  in  these  infallible  and  inspired 
Writings.  Particularly,  the  Instance  of  the  Witch  at  Endor-,  in  i  Sam. 
28.  7.  is  so  plain  and  full  that  Witchcraft  it  self  is  not  a  more  amazing 
thing,  than  any  Dispute  about  the  Being  of  it,  after  this.  The  Advo, 
cates  of  Witches  must  use  more  Tricks  to  make  Nonsense  of  the  Bible, 
than  ever  the  Witch  of  Endor  used  in  her  Magical  Incantations,  if  they 
would  evade  the  Force  of  that  famous  History.  They  that  will  be^ 
lieve  no  Witches,  do  imagine  that  Jugglers  only  are  meant  by  them 
whom  the  Sacred  Writ  calleth  so.  But  what  do  they  think  of  that  law 
in  Exod.  22.  18.  Thou  shalt  not  suffer  a  Witch  to  live  f  Methinks  'tis 
a  little  too  hard  to  punish  every  silly  Juggler  with  so  great  Severity. 

Secondly.  We  have  the  Testimony  of  Experience  for  it.  What 
will  those  Incredulous,  who  must  be  the  only  Ingenious  men,  say  to  This? 
Many  Witches  have  like  those  in  Act.  19.  18.  Confessed  and  shelved 
their  Deeds.  We  see  those  things  done,  that  it  is  impossible  any 
Disease  or  any  Deceit  should  procure.  We  see  some  hideous  Wretches 
in  hideous  Horrours  confessing,  That  they  did  the  Mischiefs.  This  Con- 
fession is  often  made  by  them  that  are  owners  of  as  much  Reason  as  the 
people  that  laugh  at  all  Conceit  of  Witchcraft:  the  exactest  Scrutiny  of 
skilful  Physicians  cannot  find  any  Distraction  in  their  minds.  This 
Confession  is  often  made  by  them  that  are  apart  One  from  another,  and 
yet  they  agree  in  all  the  Circumstances  of  it.  This  Confession  is  often  made 
by  them  that  at  the  same  time  will  produce  the  Engines  and  Ensignes 
of  their  Hellish  Trade,  and  give  the  standers-by  an  Ocular  Conviction 
of  what  they  do,  and  how.     There  can  be  no  Judgment  left  of  any  Hu- 


THE   THEORY    OF    WITCH-PERSECUTION.  5 

maiie  Affairs,  if  such  Confessions  must  be  Ridiculed :  all  the  Murders, 
yea,  and  all  the  Bargains  in  the  World  must  be  meer  Imaginations  if 
such  Confessions  are  of  no  Account. 

2.       THE   DUTY    OF    PERSECUTION. 

Bodin,  De  la  Demonomanie  des  Sorciers,  Paris,  1580,  liv.  iv,  chap.  5.     French. 

Jean  Bodin,  jurist  and  statesman,  was  not  only  one  of  the  most  eminent  Euro- 
pean publicists  of  the  sixteenth  century,  but  one  of  the  most  rational  and  tolerant 
thinkers  of  his  time.  Yet  even  such  a  man  could  thus  write  "Of  the  punishments 
deserved  by  witches  "  : 

There  are  two  means  by  which  states  are  maintained  in  their  weal 
and  greatness — reward  and  penalty :  the  one  for  the  good,  the  other  for 
the  bad.  And,  if  the  distribution  of  these  two  be  faulty,  nothing  else 
is  to  be  expected  than  the  inevitable  ruin  of  the  state.     .     .     . 

But  those  greatly  err  who  think  that  penalties  are  established  only 
to  punish  crime.  I  hold  that  this  is  the  least  of  the  fruits  which  accrue 
therefrom  to  the  state.  For  the  greatest  and  the  chief  is  the  appeasing 
of  the  wrath  of  God,  especially  if  the  crime  is  directly  against  the  ma- 
jesty of  God,  as  is  this  one.  .  .  .  Now,  if  there  is  any  means  to  ap- 
pease the  wrath  of  God,  to  gain  his  blessing,  to  strike  awe  into  some  by 
the  punishment  of  others,  to  preserve  some  from  being  infected  by  others, 
to  diminish  the  number  of  evil-doers,  to  make  secure  the  life  of  the 
well-disposed,  and  to  punish  the  most  detestable  crimes  of  which  the  hu- 
man mind  can  conceive,  it  is  to  punish  with  the  utmost  rigor  the 
witches.  .  .  .^  Now,  it  is  not  within  the  power  of  princes  to  par- 
don a  crime  which  the  law  of  God  punishes  with  the  penalty  of  death — 
such  as  are  the  crimes  of  witches.  Moreover,  princes  do  gravely  in- 
sult God  in  pardoning  such  horrible  crimes  committed  directly  against 
his  majesty,  seeing  that  the  pettiest  prince  avenges  with  death  insults 
against  himself.  Those  too  who  let  the  witches  escape,  or  who  do  not 
punish  them  with  the  utmost  rigor,  may  rest  assured  that  they  will  be 
abandoned  by  God  to  the  mercy  of  the  witches.  And  the  country  which 
shall  tolerate  this  will  be  scourged  with  pestilences,  famines,  and  wars; 
and  those  which  shall  take  vengeance  on  the  witches  will  be  blessed  by 
him  and  will  make  his  anger  to  cease.     Therefore  it  is  that  one  accused 


1  Bodin  then  proceeds  to  enumerate  fifteen  distinct  crimes,  all  horrid,  of  which 
every  witch  is  guilty,  and  argues  that,  in  default  of  proof,  violent  presumption 
should  suffice  for  the  sentence  of  witches  to  death. 


6  TRANSLATIONS    AND   REPRINTS. 

of  being  a  witch  ought  never  to  be  fully  acquitted  and  set  free  unless  the 
calumny  of  the  accuser  is  clearer  than  the  sun,  inasmuch  as  the  proof 
of  such  crimes  is  so  obscure  and  so  difficult  that  not  one  witch  in  a  million 
would  be  accused  or  punished  if  the  procedure  were  governed  by  the  or- 
dinary rules.     ... 

II.     THE  BEGINNINGS  OF   THE  WITCH-PERSECUTIONS. 

I.       WITCH-PERSECUTION  IN  THE  EARLIER  FIFTEENTH  CENTURY. 
Nider,  Formicarius,  ed.  of  Augsburg,  ca.  1476,  lib.  v,  cap.  3.     Latin. 

One  of  the  earliest  books  which  throws  Hght  upon  the  methods  of  the  persecu- 
tions is  the  Formicarius ,  or  "Ant-Hill,"  of  the  Dominican  theological  professor, 
Johannes  Nider,  written,  in  its  final  form,  about  1437.  The  work  is  an  edifying 
dialogue  between  a  theologian  and  a  doubter  as  to  sundry  topics  difficult  to  faith  ; 
and  its  fifth  and  final  book  is  devoted  to  "witches  and  their  deceptions."  The 
sources  and  the  nature  of  Nider' s  knowledge  may  be  gathered  from  the  following 
answer  of  the  theologian  to  the  doubter's  request  for  information  as  to  the  injuries 
inflicted  by  witches  upon  human  beings. 

I  will  relate  to  you  some  examples,  which  I  have  gained  in  part 
from  the  teachers  of  our  faculty,  in  part  from  the  experience  of  a  cer- 
tain upright  secular  judge,  worthy  of  all  faith,  who  from  the  torture  and 
confession  of  witches  and  from  his  experiences  in  public  and  private  has 
learned  many  things  of  this  sort — a  man  with  whom  I  have  often  dis- 
cussed this  subject  broadly  and  deeply — to  wit,  Peter,  a  citizen  of  Bern, 
in  the  diocese  of  Lausanne,  who  has  burned  many  witches  of  both  sexes, 
and  has  driven  others  out  of  the  territory  of  the  Bernese.  I  have  more- 
over conferred  with  one  Benedict,  a  monk  of  the  Benedictine  order,  who, 
although  now  a  very  devout  cleric  in  a  reformed  monastery  at  Vienna, 
w^as  a  decade  ago,  while  still  in  the  world,  a  necromancer,  juggler,  buf- 
foon, and  strolling  player,  well-known  as  an  expert  among  the  secular 
nobility.  I  have  likewise  heard  certain  of  the  following  things  from 
the  Inquisitor  of  Heretical  Pravity^  at  Autun,  who  was  a  devoted  re- 
former of  our  order  in  the  convention  at  Lyons,^  and  has  convicted 
many  of  witchcraft  in  the  diocese  of  Autun. 

Relating  then  two  or  three  anecdotes  derived  from  these  sources,  the  theolo- 
gian closes  his  answer  with  this  one  : 

The  same  procedure  was  more  clearly  described  by  another  young 
man,  arrested  and  burned  as  a  witch,  although,  as  I  believe,  truly  pen- 


Such  was  the  official  title  of  a  representative  of  the  Holy  Inquisition. 
'This  convention  of  the  Dominican  order  took  place  m  143 1. 


THE    BEGINNINGS    OF    THE    WITCH-PERSECUTIONS.  7 

itent,  who  had  earlier,  together  with  his  wife,  a  witch  invincible  to  per- 
suasion,' escaped  the  clutches  of  the  aforesaid  judge,  Peter.  The  afore- 
said youth,  being  again  indicted  at  Bern,  with  his  wife,  and  placed  in 
a  different  prison  from  hers,  declared  :  "If  I  can  obtain  absolution  for 
my  sins,  I  will  freely  lay  bear  all  I  know  about  witchcraft,  for  I  see 
that  I  have  death  to  expect."  And  when  he  had  been  assured  by  the 
scholars  that,  if  he  should  truly  repent,  he  would  certainly  be  able  to 
gain  absolution  for  his  sins,  then  he  gladly  oifered  himself  to  death,  and 
disclosed  the  methods  of  the  primeval  infection. 

The  ceremony,  he  said,  of  my  seduction  was  as  follows  :  First,  on 
a  Sunday,  before  the  holy  water  is  consecrated,  the  future  disciple  with 
his  masters  must  go  into  the  church,  and  there  in  their  presence  must 
renounce  Christ  and  his  faith,  baptism,  and  the  church  universal.  Then 
he  must  do  homage  to  the  magisterulus,  that  is,  to  the  little  master  (for 
so,  and  not  otherwise,  they  call  the  Devil).  Afterward  he  drinks  from 
the  aforesaid  flask ;  ^  and,  this  done,  he  forthwith  feels  himself  to  con- 
ceive and  hold  within  himself  an  image  of  our  art  and  the  chief  rites  of 
this  sect.  After  this  fashion  was  I  seduced  ;  and  my  wife  also,  whom  I 
believe  of  so  great  pertinacity  that  she  will  endure  the  flames  rather 
than  confess  the  least  whit  of  the  truth  ;  but,  alas,  we  are  both  guilty. 
What  the  young  man  had  said  was  found  in  all  respects  the  truth.  For, 
after  confession,  the  young  man  was  seen  to  die  in  great  contrition.  His 
wife,  however,  though  convicted  by  the  testimony  of  witnesses,  would 
not  confess  the  truth  even  under  the  torture  or  in  death  ;  but,  when  the 
fire  was  prepared  for  her  by  the  executioner,  uttered  in  most  evil  words 
a  curse  upon  him,  and  so  was  burned. 

2.       THE   WITCH-BULL   OF    1 484. 

Bullarium  Romanum  (Taurinensis  editio),  sub  anno  1484.  Latin.  The  bull 
is  also  printed  in  full  at  the  head  of  the  Malleus  malejicarum,  described  below. 

Despite  the  efforts  of  the  Dominicans,  it  was  with  much  difficulty  that  the  new 
terror  of  witchcraft  and  the  persecution  based  on  it  were  spread  throughout  Europe. 
In  Germany,  especially,  the  Inquisitors  charged  with  the  task  found  themselves 
hampered  by  skepticism.  In  1484,  therefore,  they  turned  their  steps  toward  Rome 
for  help,  and  on  December  5th  they  won  from  the  new  Pope,  Innocent  VIII,  a  bull 
which  once  for  all  closed  the  mouths  of  doubters  and  compelled  the  cooperation  of 


^  This  means,  of  course,  only  that  she  could  not  be  persuaded  to  confess. 
^A  flask  described  in  a  preceding  anecdote  as  filled  with  a  liquid  made  from 
murdered  infants. 


8  TRANSLATIONS    AND    REPRINTS. 

the  German  authorities,  both  ecclesiastical  and  lay.     This  bull,    known   from   its 
first  words  as  Smnntis  desiderantibtis ^  runs  as  follows  : 

Innocentms,  episcopus,  servus  servorum  Dei  Ad  fiduram  rei  memo- 
riam. 

Desiring  with  supreme  ardor,  as  pastoral  solicitude  requires,  that 
the  catholic  faith  in  our  days  everywhere  grow  and  flourish  as  much  as 
possible,  and  that  all  heretical  pravity  be  put  far  from  the  territories 
of  the  faithful,  we  freely  declare  and  anew  decree  this  by  which  our 
pious  desire  may  be  fulfilled,  and,  all  errors  being  rooted  out  by  our 
toil  as  with  the  hoe  of  a  wise  laborer,  zeal  and  devotion  to  this  faith 
may  take  deeper  hold  on  the  hearts  of  the  faithful  themselves. 

It  has  recently  come  to  our  ears,  not  without  great  pain  to  us,  that 
in  some  parts  of  upper  Germany,  as  well  as  in  the  provinces,  cities,  ter- 
ritories, regions,  and  dioceses  of  Mainz,  Koln,  Trier,  Salzburg,  and  Bre- 
men, many  persons  of  both  sexes,  heedless  of  their  own  salvation  and 
forsaking  the  catholic  faith,  give  themselves  over  to  devils  male  and  fe- 
male, and  by  their  incantations,  charms,  and  conjurings,  and  by  other 
abominable  superstitions  and  sortileges,  offences,  crimes,  and  misdeeds, 
ruin  and  cause  to  perish  the  offspring  of  women,  the  foal  of  animals,  the 
products  of  the  earth,  the  grapes  of  vines,  and  the  fruits  of  trees,  as  well 
as  men  and  women,  cattle  and  flocks  and  herds  and  animals  of  every 
kind,  vineyards  also  and  orchards,  meadows,  pastures,  harvests,  grains 
and  other  fruits  of  the  earth  ;  that  they  afflict  and  torture  with  dire 
pains  and  anguish,  both  internal  and  external,  these  men,  women,  cat- 
tle, flocks,  herds,  and  animals,  and  hinder  men  from  begetting  and  wo- 
men from  conceiving,  and  prevent  all  consummation  of  marriage  ;  that, 
moreover,  they  deny  with  sacrilegious  lips  the  faith  they  received  in 
holy  baptism  ;  and  that,  at  the  instigation  of  the  enemy  of  mankind, 
they  do  not  fear  to  commit  and  perpetrate  many  other  abominable  of- 
fences and  crimes,  at  the  risk  of  their  own  souls,  to  the  insult  of  the  di- 
vine majesty  and  to  the  pernicious  example  and  scandal  of  multitudes. 
And,  although  our  beloved  sons  Henricus  Institoris  and  Jacobus  Spren- 
ger,  of  the  order  of  Friars  Preachers,  professors  of  theology,  have  been 
and  still  are  deputed  by  our  apostolic  letters  as  inquisitors  of  heretical 
pravity,  the  former  in  the  aforesaid  parts  of  upper  Germany,  includ- 
ing the  provinces,  cities,  territories,  dioceses,  and  other  places  as  above, 
and  the  latter  throughout  certain  parts  of  the  course  of  the  Rhine ;  nev- 
ertheless certain  of  the  clergy  and  of  the  laity  of  those  parts,  seeking  to 
be  wise  above  what  is  fitting,  because  in  the  said  letter  of  deputation  the 


THE   BEGINNINGS    OF   THE   WITCH-PERSECUTIONS.  9 

aforesaid  provinces,  cities,  dioceses,  territories,  and  other  places,  and  the 
persons  and  offences  in  question  were  not  individually  and  specifically- 
named,  do  not  blush  obstinately  to  assert  that  these  are  not  at  all  in- 
cluded in  the  said  parts  and  that  therefore  it  is  illicit  for  the  aforesaid 
inquisitors  to  exercise  their  office  of  inquisition  in  the  provinces,  cities, 
dioceses,  territories,  and  other  places  aforesaid,  and  that  they  ought  not 
to  be  permitted  to  proceed  to  the  punishment,  imprisonment,  and  cor- 
rection of  the  aforesaid  persons  for  the  offences  and  crimes  above  named. 
Wherefore  in  the  provinces,  cities,  dioceses,  territories,  and  places  afore- 
said such  offences  and  crimes,  not  without  evident  damage  to  their  souls 
and  risk  of  eternal  salvation,  go  unpunished. 

We  therefore,  desiring,  as  is  our  duty,  to  remove  all  impediments  by 
which  in  any  way  the  said  inquisitors  are  hindered  in  the  exercise  of 
their  office,  and  to  prevent  the  taint  of  heretical  pravity  and  of  other 
like  evils  from  spreading  their  infection  to  the  ruin  of  others  who  are 
innocent,  the  zeal  of  religion  especially  impelling  us,  in  order  that  the 
provinces,  cities,  dioceses,  territories,  and  places  aforesaid  in  the  said 
parts  of  upper  Germany  may  not  be  deprived  of  the  office  of  inquisition 
which  is  their  due,  do  hereby  decree,  by  virtue  of  our  apostolic  author- 
ity, that  it  shall  be  permitted  to  the  said  inquisitors  in  these  regions  to 
exercise  their  office  of  inquisition  and  to  proceed  to  the  correction,  im- 
prisonment, and  punishment  of  the  aforesaid  persons  for  their  said  of- 
fences and  crimes,  in  all  respects  and  altogether  precisely  as  if  the  prov- 
inces, cities,  territories,  places,  persons,  and  offences  aforesaid  were 
expressly  named  in  the  said  letter.  And,  for  the  greater  sureness,  ex- 
tending the  said  letter  and  deputation  to  the  provinces,  cities,  dioceses, 
territories,  places,  persons,  and  crimes  aforesaid,  we  grant  to  the  said 
inquisitors  that  they  or  either  of  them,  joining  with  them  our  beloved 
son  Johannes  Gremper,  cleric  of  the  diocese  of  Constance,  master  of  arts, 
their  present  notary,  or  any  other  notary  public  who  by  them  or  by 
either  of  them  shall  have  been  temporarily  delegated  in  the  provinces, 
cities,  dioceses,  territories,  and  places  aforesaid,  may  exercise  against  all 
persons,  of  whatsoever  condition  and  rank,  the  said  office  of  inquisition, 
correcting,  imprisoning,  punishing,  and  chastising,  according  to  their 
deserts,  those  persons  whom  they  shall  find  guilty  as  aforesaid. 

And  they  shall  also  have  full  and  entire  liberty  to  propound  and 
preach  to  the  faithful  the  word  of  God,  as  often  as  it  shall  seem  to  them 
fitting  and  proper,  in  each  and  all  of  the  parish  churches  in  the  said 
provinces,  and  to  do  all  things  necessary  and  suitable  under  the  afore- 
said circumstances,  and  likewise  freely  and  fully  to  carry  them  out. 


lO  TRANSLATIONS    AND   REPRINTS. 

And  moreover  we  enjoin  by  apostolic  writ  on  our  venerable  brother, 
the  Bishop  of  Strasburg,  that,  either  in  his  own  pei-son  or  through  some 
other  or  others  solemnly  publishing  the  foregoing  wherever,  whenever, 
and  how  often  soever  he  may  deem  expedient  or  by  these  inquisitors  or 
either  of  them  may  be  legitimately  required,  he  permit  them  not  to  be 
molested  or  hindered  in  any  manner  whatsoever  by  any  authority  what- 
soever in  the  matter  of  the  aforesaid  and  of  this  present  letter,  threaten- 
ing all  opposers,  hinderers,  contradicters,  and  rebels,  of  whatever  rank, 
state,  decree,  eminence,  nobility,  excellence,  or  condition  they  may  be, 
and  whatever  privilege  of  exemption  they  may  enjoy,  with  excommuni- 
cation, suspension,  interdict,  and  other  still  more  terrible  sentences,  cen- 
sures, and  penalties,  as  may  be  expedient,  and  this  without  appeal  and 
with  power  after  due  process  of  law  of  aggravating  and  reaggravating 
these  penalties,  by  our  authority,  as  often  as  may  be  necessary,  to  this 
end  calling  in  the  aid,  if  need  be,  of  the  secular  arm. 

And  this,  all  other  apostolic  decrees  and  earlier  decisions  to  the 
contrary  notwithstanding ;  or  if  to  any,  jointly  or  severally,  there  has 
been  granted  by  this  apostolic  see  exemption  from  interdict,  suspension, 
or  excommunication,  by  apostolic  letters  not  making  entire,  express,  and 
literal  mention  of  the  said  grant  of  exemption ;  or  if  there  exist  any 
other  indulgence  whatsoever,  general  or  special,  of  whatsoever  tenor,  by 
failure  to  name  which  or  to  insert  it  bodily  in  the  present  letter  the  car- 
rying out  of  this  privilege  could  be  hindered  or  in  any  way  put  off, — 
or  any  of  whose  whole  tenor  special  mention  must  be  made  in  our  letters. 
Let  no  man,  therefore,  dare  to  infringe  this  page  of  our  declaration,  ex- 
tension, grant,  and  mandate,  or  with  rash  hardihood  to  contradict  it. 
If  any  presume  to  attempt  this,  let  him  know  that  he  incurs  the  wrath 
of  almighty  God  and  of  the  blessed  apostles  Peter  and  Paul.  ^ 

Given  in  Rome,  at  St.  Peter's,  in  the  year  of  Our  Lord's  incarna- 
tion 1484,  on  the  nones  of  December,  in  the  first  year  of  our  pontificate. 

3.       THE   WITCH-HAMMER. 

Even  when  armed  with  the  papal  bull,  the  German  Inquisitors  found  their 
preparation  incomplete.  Immediately  on  their  return  from  Rome  they  set  them- 
selves at  the  compilation  of  a  hand-book  which  should  leave  no  judge  an  excuse  for 
laxity — an  exposition  of  witchcraft  and  a  code  of  procedure  for  the  detection  and 
punishment  of  witches.  This,  completed  in  i486,  they  called  Malleus  Malefi- 
carum,  *'The  Witch-Hammer."     As  a  specimen  may  serve  a  part  of  its 


*  These  "final  clauses"  are  those  found  at  this  period  in  all  bulls  of  the  class 
known  as  tituli. 


THE    BEGINNINGS    OF    THE    WITCH-PERSECUTIONS.  II 

Directions  for  the  Torture  of  a   Witch. 
Malleus  Maleficarum,  pars  iii,  qu?estio  14.     Latin.     Editions  are  many. 

The  method  of  beginning  an  examination  by  torture  is  as  follows : 
First,  the  jailers  prepare  the  implements  of  torture,  then  they  strip  the 
prisoner  (if  it  be  a  woman,  she  has  already  been  stripped  by  other 
women,  upright  and  of  good  report).  ^  This  stripping  is  lest  some 
means  of  witchcraft  may  have  been  sewed  into  the  clothing — such  as 
often,  taught  by  the  Devil,  they  prepare  from  the  bodies  of  unbaptized 
infants,  [murdered]  that  they  may  forfeit  salvation.  And  when  the 
implements  of  torture  have  been  prepared,  the  judge,  both  in  person 
and  through  other  good  men,  zealous  in  the  faith,  tries  to  persuade  the 
prisoner  to  confess  the  truth  freely ;  but,  if  he  will  not  confess,  he  bids 
attendants  make  the  prisoner  fast  to  the  strappado  or  some  other  implement 
of  torture.  The  attendants  obey  forthwith,  yet  with  feigned  agitation. 
Then,  at  the  prayer  of  some  of  those  present,  the  prisoner  is  loosed 
again  and  is  taken  aside  and  once  more  persuaded  to  confess,  being  led 
to  believe  that  he  will  in  that  case  not  be  put  to  death. 

Here  it  may  be  asked  whether  the  judge,  in  the  case  of  a  prisoner 
much  defamed,  convicted  both  by  witnesses  and  by  proofs,  nothing  being 
lacking  but  his  own  confession,  can  properly  lead  him  to  hope  that  his 
life  will  be  spared — when,  even  if  he  confess  his  crime,  he  will  be  pun- 
ished with  death. 

It  must  be  answered  that  opinions  vary.  Some  hold  that  even  a 
witch  of  very  ill  repute,  against  whom  the  evidence  justifies  violent 
suspicion,  and  who,  as  a  ringleader  of  the  witches,  is  accounted 
very  dangerous,  may  be  assured  her  life,  and  condemned  instead  to  per- 
petual imprisonment  on  bread  and  water,  in  case  she  will  give  sure  and 
convincing  testimony  against  other  witches ;  yet  this  penalty  of  perpet- 
ual imprisonment  must  not  be  announced  to  her,  but  only  that  her  life 
will  be  spared,  and  that  she  will  be  punished  in  some  other  fashion, 
perhaps  by  exile.  And  doubtless  such  notorious  witches,  especially 
those  who  prepare  witch-potions  or  who  by  magical  methods  cure  those 
bewitched,  would  be  peculiarly  suited  to  be  thus  preserved,  in  order  to 
aid  the  bewitched  or  to  accuse  other  witches,  were  it  not  that  their  ac- 
cusations cannot  be  trusted,  since  the  Devil  is  a  liar,  unless  confirmed 
by  proofs  and  witnesses. 

^  Sometimes,  in  place  of  the  prisoner's  clothing,  a  garment  furnished  by  the 
court  was  now  supplied,  to  be  worn  during  the  torture. 


12  TRANSLATIONS    AND   REPRINTS. 

Others  hold,  as  to  this  point,  that  for  a  time  the  promise  made  to 
the  witch  sentenced  to  imprisonment  is  to  be  kept,  but  that  after  a  time 
she  should  be  burned. 

A  third  view  is,  that  the  judge  may  safely  promise  witches  to  spare 
their  lives,  if  only  he  will  later  excuse  himself  from  pronouncing  the 
sentence  and  will  let  another  do  this  in  his  place.    .    .    . 

But  if,  neither  by  threats  nor  by  promises  such  as  these,  the  witch 
can  be  induced  to  speak  the  truth,  then  the  jailers  must  carry  out  the 
sentence,  and  torture  the  prisoner  according  to  the  accepted  methods, 
with  more  or  less  of  severity  as  the  delinquent's  crime  may  demand. 
And,  while  he  is  being  tortured,  he  must  be  questioned  on  the  articles 
of  accusation,  and  this  frequently  and  persistently,  beginning  with  the 
lighter  charges — for  he  will  more  readily  confess  the  lighter  than  the 
heavier.  And,  while  this  is  being  done,  the  notary  must  write  down 
everything  in  his  record  of  the  trial — how  the  prisoner  is  tortured,  on 
what  points  he  is  questioned,  and  how  he  answers. 

And  note  that,  if  he  confesses  under  the  torture,  he  must  afterward 
be  conducted  to  another  place,  that  he  may  confirm  it  and  certify  that 
it  was  not  due  alone  to  the  force  of  the  torture. 

But,  if  the  prisoner  will  not  confess  the  truth  satisfactorily,  other 
sorts  of  tortures  must  be  placed  before  him,  with  the  statement  that,  un- 
less he  will  confess  the  truth,  he  must  endure  these  also.  But,  if  not 
even  thus  he  can  be  brought  into  terror  and  to  the  truth,  then  the  next 
day  or  the  next  but  one  is  to  be  set  for  a  co7itinuation  of  the  tortures — 
not  a  repetition,  ^  for  they  must  not  be  repeated  unless  new  evidences  be 
produced. 

The  judge  must  then  address  to  the  prisoners  the  following  sen- 
tence: We,  the  judge,  etc.,  do  assign  to  you, ,  such  and  such  a  day 

for  the  continuation  of  the  tortures,  that  from  your  own  mouth  the  truth 
may  be  heard,  and  that  the  whole  may  be  recorded  by  the  notary. 

And  during  the  interval,  before  the  day  assigned,  the  judge,  in 
])erson  or  through  approved  men,  must  in  the  manner  above  described 
try  to  persuade  the  prisoner  to  confess,  promising  her  ^  (if  there  is  aught 
to  be  gained  by  this  promise)  that  her  life  shall  be  spared. 

The  judge  shall  see  to  it,  moreover,  that  throughout  this  interval 


^This  was,  of  course,  a  legal  fiction,  to  avoid  the  merciful  restriction  put  by 
law  upon  the  repetition  of  torture. 

'^This  change  in  the  gender  of  the  pronoun  is  a  faithful  following  ot  the  original. 


THE   WITCH-PERSECUTION    AT   TRIER.  1 3 

guards  are  constantly  with  the  prisoner,  so  that  she  may  not  be  left 
alone ;  because  she  will  be  visited  by  the  Devil  and  tempted  into  suicide. 

III.     THE  WITCH-PERSECUTION  AT  TRIER. 

It  was,  however,  not  till  a  century  later,  in  the  second  half  of  the  sixteenth 
century,  that  the  witch-persecutions  reached  their  height.  One  of  the  fiercest 
was  that  which  raged  in  the  dominions  of  the  Elector- Archbishop  of  Trier  (Treves) 
in  western  Germany.  One  who  had  been  an  eye-witness,  the  canon  Linden,  in 
later  years  described  it  thus  : 

I.       THE   SCOPE   OF   THE    PERSECUTION. 

Linden,  Gesta  Treviroru^n  (from  his  manuscript  in  the  City  Library  of 
Trier).  ^     Latin. 

Inasmuch  as  it  was  popularly  believed  that  the  continued  sterility 
of  many  years  was  caused  by  witches  through  the  malice  of  the  Devil, 
the  whole  country  rose  to  exterminate  the  witches.  This  movement 
was  promoted  by  many  in  office,  who  hoped  wealth  from  the  persecution. 
And  so,  from  court  to  court  throughout  the  towns  and  villages  of  all 
the  diocese,  scurried  special  accusers,  inquisitors,  notaries,  jurors,  judges, 
constables,  dragging  to  trial  and  torture  human  beings  of  both  sexes 
and  burning  them  in  great  numbers.  Scarcely  any  of  those  who  were 
accused  escaped  punishment.  Nor  were  there  spared  even  the  leading 
men  in  the  city  of  Trier.  For  the  Judge, ^  with  two  Burgomasters, 
several  Councilors  and  Associate  Judges,  canons  of  sundry  collegiate 
churches,  parish-priests,  rural  deans,  were  swept  away  in  this  ruin.  So 
far,  at  length,  did  the  madness  of  the  furious  populace  and  of  the  courts 
go  in  this  thirst  for  blood  and  booty  that  there  was  scarcely  anybody 
who  was  not  smirched  by  some  suspicion  of  this  crime. 

Meanwhile  notaries,  copyists,  and  innkeepers  grew  rich.  The  ex- 
ecutioner rode  a  blooded  horse,  like  a  noble  of  the  court,  and  went 
clad  in  gold  and  silver ;  his  wife  vied  with  noble  dames  in  the  richness 
of  her  array.  The  children  of  those  convicted  and  punished  were  sent 
into  exile ;  their  goods  were  confiscated  ;  plowman  and  vintner  failed — 


1  Printed  in  Hontheim's  Historia  Trevirensis  dipioniatica  (iii,  p.  170, 
note)  and  in  Wyttenbacli  and  Miiller's  ed.  of  the  Gesta  Trevirortitn  ;  but  with 
more  care  in  Burr,  The  Fate  of  Dietrich  Flade. 

*Dr.  Dietrich  Flade,  judge  of  the  secular  court  at  Trier  and  deputy  governor 
of  the  city,  was  perhaps  the  most  eminent  victim  of  the  witch-persecution  in  Ger- 
many. It  is  probable  that  he  owed  his  fate  in  part  or  wholly  to  his  attempt  to 
check  the  persecution.     Tortured  into  confession,  he  was  burned  in  1589. 


14  TRANSLATIONS    AND    REPRINTS. 

hence  came  sterility.  A  direr  pestilence  or  a  more  ruthless  invader 
could  hardly  have  ravaged  the  territory  of  Trier  than  this  inquisition 
and  persecution  without  bounds  :  many  were  the  reasons  for  doubting 
that  all  were  really  guilty.  This  persecution  lasted  for  several  years ; 
and  some  of  those  who  presided  over  the  administration  of  justice  gloried 
in  the  multitude  of  the  stakes,  at  each  of  which  a  human  being  had 
been  given  to  the  flames. 

At  last,  though  the  flames  were  still  unsated,  the  people  grew  im- 
poverished, rules  were  made  and  enforced  restricting  the  fees  and  costs 
of  examinations  and  examiners,  and  suddenly,  as  when  in  war  funds 
fail,  the  zeal  of  the  persecutors  died  out." 

2.  THE  RECANTATION  OF  LOOS. 
Delrio,  Disquisitiones  Magicae,  lib.  v,  appendix  I.  Latin. 
It  was  during  this  persecution  at  Trier  that  Cornelius  Loos,  a  scholar  of  Dutch 
birth  who  held  a  professorship  in  the  university  of  that  city,  dared  to  protest  against 
both  the  persecution  itself  and  the  superstitions  out  of  which  it  grew.  Failing  in 
his  appeals  to  the  authorities,  he  wrote  a  book  to  set  forth  his  views  ;  but  the  man- 
uscript was  seized  in  the  hands  of  the  printer,  and  Loos  himsell  thrown  into  prison. 
Thence  he  was  brought  out,  in  the  spring  of  1593,  and,  before  the  assembled 
church  dignitaries  of  the  place,  pronounced  a  solemn  recantation.  This  recanta- 
tion has  been  preserved  by  the  Jesuit  Delrio  in  the  great  work  which  in  1599-1600 
he  published  in  support  of  the  persecution.     Thus  Delrio  tells  the  story  : 

And,  finally,  as  I  have  made  mention  of  Losseus  Callidius,  who 
tried  by  a  thousand  arts  to  make  public  the  book  which  he  had  written 
in  defence  of  the  witches  (and  some  fear  that  even  yet  some  evil  demon 
may  bring  this  about),  I  have  brought  for  an  antidote  the  Recantation 
signed  by  him.  Its  authentic  and  so-called  original  copy  is  in  the 
posession  of  a  devout  and  most  honorable  man,  Joannes  Baxius,  J.  U. 
Lie.  (whose  energy  and  zeal  against  this  nefarious  heresy  God  will  some 
day  reward;,  from  whom  I  have  received  the  following  transcript,  cer- 
tified by  a  notary: 

I,  Cornelius  Losseus  Callidius,  born  at  the  town  of  Gouda  in  Holland, 
but  now  (on  account  of  a  certain  treatise  On  True  and  False  Witehcraft,  ^ 
rashly  and  presumptously  written  without  the  knowledge  and  permis- 
sion of  the  superiors  of  this  place,  shown  by  me  to  others,  and  then  sent 
to  be  printed   at  Cologne)   arrested  and  imprisoned  in  the  Imperial 


^  This  book,  confiscated  by  the  ecclesiastical  authorities,  has  been  partly  re- 
covered in  our  own  day. 


THE    WITCH-PERSECUTION    AT   TRIER.  1 5 

Monastery  of  St.  Maximin,  near  Trier,  by  order  of  the  Most  Reverend 
and  Most  Illustrious  Lord,  the  Papal  Nuncio,  Octavius,  Bishop  of  Tri- 
carico :  whereas  I  am  informed  of  a  surety  that  in  the  aforesaid  book 
and  also  in  certain  letters  of  mine  on  the  same  subject  sent  clandestinely 
to  the  clergy  and  town  council  of  Trier,  and  to  others  (for  the  purpose 
of  hindering  the  execution  of  justice  against  the  witches,  male  and  fe- 
male), are  contained  many  articles  which  are  not  only  erroneous  and 
scandalous,  but  also  suspected  of  heresy  and  smacking  of  the  crime  of 
treason,  as  being  seditious  and  foolhardy,  against  the  common  opinion 
of  theological  teachers  and  the  decisions  and  bulls  of  the  Supreme  Pon- 
tiffs, and  contrary  to  the  practice  and  to  the  statutes  and  laws  of  the 
magistrates  and  judges,  not  only  of  this  Archdiocese  of  Trier,  but  of 
other  provinces  and  principalities,  I  do  therefore  revoke,  condemn,  re- 
ject, and  repudiate  the  said  articles,  in  the  order  in  which  they  are  here 
subjoined. 

1.  In  the  first  place,  I  revoke,  condemn,  reject,  and  censure  the 
idea  (which  both  in  words  and  writing  I  have  often  and  before  many 
persons  pertinaciously  asserted,  and  which  I  wished  to  be  the  head  and 
front  of  this  my  disputation)  that  the  things  which  are  written  about 
the  bodily  transportation  or  translation  of  witches,  male  and  female, 
are  altogether  fanciful  and  must  be  reckoned  the  figments  of  an  empty 
superstition ;  [and  this  I  recant]  both  because  it  smacks  of  rank  heresy 
and  because  this  opinion  partakes  of  sedition  and  hence  savors  of  the 
crime  of  treason. 

2.  For  (and  this  in  the  second  place  I  recant),  in  the  letters 
which  I  have  cladestinely  sent  to  sundry  persons,  I  have  perti- 
naciously, without  solid  reasons,  alleged  against  the  magistracy  that 
the  [aerial]  flight  of  witches  is  false  and  imaginary;  asserting, 
moreover,  that  the  wretched  creatures  are  compelled  by  the  severity 
of  the  torture  to  confess  things  which  they  have  never  done,  and 
that  by  cruel  butchery  innocent  blood  is  shed  and  by  a  new  alchemy 
gold  and  silver  coined  from  human  blood. 

3.  By  these  and  by  other  things  of  the  same  sort,  partly  in  pri- 
vate conversations  among  the  people,  partly  in  sundry  letters  addressed 
to  both  the  magistracies,  ^  I  have  accused  of  tyranny  to  their  subjects 
the  superiors  and  the  judges. 


i.  e.  both  lay  and  spiritual. 


1 6  TRANSLATIONS    AND    EEPEINT8. 

4.  And  consequently,  inasmuch  as  the  Most  Reverend  and  Most  Il- 
lustrious Archbishop  and  Prince-Elector  of  Trier  not  only  permits  witches* 
male  and  female,  to  be  subjected  in  his  diocese  to  deserved  punishment, 
but  has  also  ordained  laws  regulating  the  method  and  costs  of  judicial 
procedure  against  witches,  I  have  with  heedless  temerity  tacitly  insinu- 
ated the  charge  of  tyranny  against  the  aforesaid  Elector  of  Trier. 

5.  I  revoke  and  condemn,  moreover,  the  following  conclusions  of 
mine,  to  wit :  that  there  are  no  witches  who  renounce  God,  pay  worship 
to  the  Devil,  bring  storms  by  the  Devil's  aid,  and  do  other  like  things, 
but  that  all  these  things  are  dreams. 

6.  Also,  that  magic  (magia)  ought  not  to  be  called  witchcraft 
(maleficium),  nor  magicians  (magi)  witches  (malejici),  and  that  the  pas- 
sage of  Holy  Scripture,  "Thou  shalt  not  suifer  a  witch  to  live"  (Male- 
ficos  non  patieris  livere),  ^  is  to  be  understood  of  those  who  by  a  natural 
use  of  natural  poisons  inflict  death. 

7.  That  no  compact  does  or  can  exist  between  the  Devil  and  a 
human  being. 

8.  That  devils  do  not  assume  bodies. 

9.  That  the  life  of  Hilarion  written  by  St.  Jerome  is  not  authentic. 

10.  That  there  is  no  sexual  intercourse  between  the  Devil  and 
human  beings. 

11.  That  neither  devils  nor  witches  can  raise  tempests,  rain- 
storms, hail-storms,  and  the  like,  and  that  the  things  said  about  these  are 
mere  dreams. 

12.  That  spirit  and  form  apart  from  matter  cannot  be  seen  by 
man. 

13.  That  it  is  rash  to  assert  that  whatever  devils  can  do,  witches 
also  can  do  through  their  aid. 

14.  That  the  opinion  that  a  superior  demon  can  cast  out  an  in- 
ferior is  erroneous  and  derogatory  to  Christ.^ 

15.  That  the  Popes  in  their  bulls  do  not  say  that  magicians  and 
witches  perpetrate  such  things  (as  are  mentioned  above). 

16.  That  the  Roman  Pontiffs  granted  the  power  to  proceed  against 
witches,  lest  if  they  should  refuse  they  might  be  unjustly  accused  of 
magic,  just  as  some  of  their  predecessors  had  been  justly  accused  of  it. 

These  assertions,   all  and  singular,  with  many  calumnies,  false- 

'  Exodus,  xxii,  i8. 

2  A  marginal  note  here  cites  Luke,  xi. 


THE    WITCH-PERSECUTION,  AT   TRIER.  1 7 

hoods,  and  sycophancies,  toward  the  magistracy,  both  secular  and  eccle- 
siastical, spitefully,  immodestly,  and  falsely  poured  forth,  without  cause, 
with  which  my  writings  on  magic  teem,  I  hereby  expressly  and  deliber- 
ately condemn,  revoke,  and  reject,  earnestly  beseeching  the  pardon  of 
God  and  of  my  superiors  for  what  I  have  done,  and  solemnly  promising 
that  in  future  I  will  neither  in  word  nor  in  writing,  by  myself  or  through 
others,  in  whatsoever  place  it  may  befall  me  to  be,  teach,  promulgate) 
defend,  or  assert  any  of  these  things.  If  I  shall  do  to  the  contrary,  I 
subject  myself  thenceforward,  as  if  it  were  now,  to  all  the  penalties  of 
the  law  against  relapsed  heretics,  recusants,  seditious  offenders,  traitors, 
backbiters,  sycophants,  who  have  been  openly  convicted,  and  also  to 
those  ordained  against  perjurers.  I  submit  myself  also  to  arbitrary 
correction,  whether  by  the  Archbishop  of  Trier  or  by  any  other  magis- 
trates under  whom  it  may  befall  me  to  dwell,  and  who  may  be  certified 
of  my  relapse  and  of  my  broken  faith,  that  they  may  punish  me  accord- 
ing to  my  deserts,  in  honor  and  reputation,  property  and  person. 

In  testimony  of  all  which  I  have,  with  my  own  hand,  signed  this 
my  recantation  of  the  aforesaid  articles,  in  presence  of  notary  and 
witnesses. 

{Signed) 

Cornelius  Loos^us  Callidius. 

(and  attested) 

Done  in  the  Imperial  Monastery  of  St.  Maximin,  outside  the  walls 
of  Trier,  in  the  abbot's  chamber,  in  presence  of  the  Reverend,  Vener- 
able, and  Eminent  ►Sirs,  Peter  Binsfeld,^  Bishop  of  Azotus,  vicar-gen- 
eral in  matters  spiritual  of  the  Most  Reverend  Archbishop  of  Trier,  our 
most  clement  lord,  and  Reinerus,  abbot  of  the  said  monastery,  Bartholo- 
maeus  van  Bodeghem,  of  Delft,  J.  U.  L.,  Official  of  the  Ecclesiastical 
Court  of  Trier,  Georgius  von  Helffenstein,  Doctor  of  Theology,  Dean  of 
the  Collegiate  Church  of  St.  Simeon  in  the  city  of  Trier,  and  Joannes 
Colmann,  J.  U.  D.,  Canon  of  the  said  church  and  Seal-Bearer  of  the 
Court  of  Trier,*  etc.,  in  the  year  of  Our  Lord  1592  more  Trev.,^  on  Mon- 


^  Binsfeld,  suffragan  bishop  and  real  head  of  ecclesiastical  affairs  in  the  diocese, 
was  doubtless  the  prime  mover  in  the  punishment  of  Loos.  He  had  himself  written 
a  book,  De  confessionibus  malejicorwrn  et  sagarum  (Trier,  1589),  to  prove 
that  the  confessions  of  witches  were  worthy  of  all  faith. 

'-^i.  e.,  the  ecclesiastical  court,  of  which  Bodeghem  was  the  head  (the  Official). 

^1593,  according  to  our  calendar;  according  to  the  tnos  Trevirense  the  year 
began  on  March  25  th. 


1 8  TEANSLATIONS   AND   REPRINTS. 

day,  March  15th,  in  the  presence  of  me  the  notary  undersigned  and  of 
the  worthy  Mcolaus  Dolent  and  Daniel  Maier,  secretary  and  copyist 
respectively  of  the  Reverend  Lord  Abbot,  as  witnesses  specially  called 
and  summoned  to  this  end. 

(Signed) 

Adamus  Hec  Tectonius,  Notary. 
(Aiid  below) 

Compared  with  its  original  and  found  to  agree,  by  me  the 
undersigned  Secretary  of  the  town  of  Antwerp, 

G.    KlEFFEL. 

Here  you  have  the  Recantation  in  full.  And  yet  afterwards  again 
at  Brussels,  while  serving  as  curate  in  the  church  of  Notre  Dame  de  la 
Chapelle,  he  was  accused  of  relapse,  and  was  released  only  after  a  long 
imprisonment,  and  being  again  brought  into  suspicion  (whence  you  may 
understand  the  pertinacity  of  his  madness),  escaped  a  third  indictment 
through  a  premature  death ;  but  (much  the  pity  !  )  left  behind  not  a 
few  partisans,  men  so  imperfectly  versed  in  medicine  and  sound  theology 
as  to  share  this  stupid  error.  Would  that  they  might  be  wise,  and 
seriously  realize  at  last  how  rash  and  noxious  it  is  to  prefer  the  ravings 
of  a  single  heretic,  Weyer,^  to  the  judgment  of  the  Church  ! 

IV.     THE  WITCH-PERSECUTION  AT  BONN. 

An  undated  letter''^  from  the  pastor  (Duren)  of  the  village  of  Alfter,  near  Bonn, 
to  Count  Werner  of  Salm  thus  describes  the  persecution  in  that  city  : 

Those  burned  are  mostly  male  witches  of  the  sort  described.  There 
must  be  half  the  city  implicated  ;  for  already  professors,  law-students, 
pastors,  canons,  vicars,  and  monks  have  here  been  arrested  and  burned. 
His  Princely  Grace  has  seventy  wards  ^  who  are  to  become  pastors,  one 
of  whom,  eminent  as  a  musician,  was  yesterday  arrested ;  two  others 
were  sought  for,  but  have  fled.     The  Chancellor  and  his  wife  and  the 

^  Johann  Weyer  was  a  German  physician,  who  in  1563  put  forth  a  book  attack- 
ing the  witch-persecution.  Loos  had  been  influenced  by  this  and  was  looked  on 
as  Weyer's  disciple. 

'^  At  least,  the  date  of  the  letter  is  not  given  by  W.  v.  Waldbriihl,  who  prints 
from  it  this  extract  in  his  Naturforschiing  und  Hexenglaube,  (Berlin,  1867).  He 
says  only  that  it  had  shortly  before  been  found  in  the  Salm  archives.  It  belongs, 
doubtless,  to  the  early  seventeenth  century.  Bonn,  not  then  a  university  town, 
was  the  official  residence  of  the  Prince- Archbishops  of  Cologne. 

•^  Boys  to  be  trained  for  priests  in  his  seminary. 


THE   WITCH-PERSECUTION    IN    SCOTLAND.  1 9 

Private  Secretary's  wife  are  already  executed.  On  the  eve  of  Our 
Lady's  Day  there  was  executed  here  a  maiden  of  nineteen  who  bore  the 
name  of  being  the  fairest  and  the  most  blameless  of  all  the  city,  and 
who  from  her  childhood  had  been  brought  up  by  the  Bishop  himself. 
A  canon  of  the  cathedral,  named  Rotenhahn,  I  saw  beheaded  and 
burned.  Children  of  three  or  four  years  have  devils  for  their  para- 
mours. Students  and  boys  of  noble  birth,  of  nine,  ten,  eleven,  twelve, 
thirteen,  fourteen  years,  have  here  been  burned.  In  fine,  things  are  in 
such  a  pitiful  state  that  one  does  not  know  with  what  people  one  may 
talk  and  associate. 


V.     THE  WITCH-PERSECUTION  IN  SCOTLAND. 

From  the  contemporary  pamphlet  Newes  from  Scotland^  i59i>  as  reprinted 
in  Pitcaim's  Criminal  Trials  in  Scotland^  vol.  i,  pt.  2,  pp.  215-223.    English. 

Within  the  towne  of  Trenent,  in  the  kingdome  of  Scotland,  there 
dwelleth  one  David  Seaton,  who,  being  deputie  bailifFe  in  the  said 
towne,  had  a  maid  called  Geillis  Duncane,  who  used  secretlie  to  absent 
and  lie  forth  of  hir  maister's  house  every  other  night :  This  Geillis  Dun- 
cane tooke  in  hand  to  helpe  all  such  as  were  troubled  or  grieved  with 
anie  kinde  of  sicknes  or  infirmitie,  and  in  short  space  did  perfourme 
many  matters  most  miraculous ;  which  things,  for  asmuche  as  she  began 
to  do  them  upon  a  sodaine,  having  never  done  the  like  before,  made 
her  maister  and  others  to  be  in  great  admiration,  and  wondered  thereat : 
by  meanes  whereof,  the  saide  Davide  Seaton  had  his  maide  in  great  sus- 
pition  that  shee  did  not  those  things  by  naturall  and  lawfull  waies,  but 
rather  supposed  it  to  bee  done  by  some  extraordinarie  and  unlawful! 
meanes.  Whereupon,  her  maister  began  to  grow  verie  inquisitive,  and 
examined  hir  which  way  and  by  what  meanes  shee  was  able  to  performe 
matters  of  so  great  importance ;  whereat  shee  gave  him  no  aunswere : 
nevertheless,  her  maister,  to  the  intent  that  hee  might  the  better  trie 
and  finde  out  the  truth  of  the  same,  did  with  the  help  of  others  torment 
her  with  the  torture  of  the  pilliwinkes^  upon  her  fingers,  which  is  a 
grievous  torture ;  and  binding  or  wrinching  her  head  with  a  cord  or 
roape,  which  is  a  most  cruell  torment  also  ;  yet  would  she  not  confess 
anie  thing ;  whereuppon,  they  suspecting  that  she  had  beene  marked  by 
the  Devill  (as  commonly  witches  are),  made  diligent  search  about  her, 


1  An  instrument  of  torture  similar  to  the  thumbscrews  later  in  use. 


20  TRANSLATIONS    AND   REPRINTS. 

and  found  the  enemies  mark  to  be  in  her  fore  crag,  or  fore  part  of  her 
throate ;  which  being  found,  she  confessed  that  al  her  doings  was  done 
by  the  wicked  allurements  and  entisements  of  the  Devil,  and  that  she 
did  them  by  witchcraft.  After  this  her  confession,  she  was  committed 
to  prison,  where  shee  continued  a  season,  where  immediately  shee  ac- 
cused these  persons  following  to  bee  notorious  witches,  and  caused  them 
forthwith  to  be  apprehended,  one  after  another,  viz.  Agnes  Sampson 
the  eldest  witche  of  them  all,  dwelling  in  Haddington ;  Agnes  Tompson 
of  Edenbrough  ^ ;  Doctor  Fian  alias  John  Cuningham,  master  of  the 
schoole  at  Saltpans  in  Lowthian,  of  whose  life  and  strange  acts  you  shal 
heare  more  largely  in  the  end  of  this  discourse.  These  were  by  the 
saide  Geillis  Duncane  accused,  as  also  George  Motts  wife,  dwelling  in 
Lowthian;  Robert  Grierson,  skipper;  and  Jannet  Blandilands;  with 
the  potter's  w^fe  of  Seaton :  the  smith  at  the  Brigge  Hallis,  with  innu- 
merable others  in  those  parts,  and  dwelling  in  those  bounds  aforesaid ; 
of  whom  some  are  alreadie  executed,  the  rest  remaine  in  prison  to  re- 
ceive the  doome  of  judgement  at  the  Kinges  Majesties  will  and 
pleasure. 

The  saide  Greillis  Duncane  also  caused  Ewphame  Mecalrean  to  bee 
apprehended,  who  conspired  and  performed  the  death  of  her  godfather, 
and  who  used  her  art  upon  a  gentleman,  being  one  of  the  Lordes  and 
Justices  of  the  Session,  for  bearing  good  will  to  her  daughter.  Shee  al- 
so caused  to  be  apprehended  one  Barbara  Naper,  for  bewitching  to  death 
Archibalde  lait  Earle  of  Angus,  who  languished  to  death  by  witchcraft, 
and  yet  the  same  was  not  suspected  ;  but  that  hee  died  of  so  straunge  a 
disease  as  the  Phisition  knewe  not  how  to  cure  or  remedie  the  same. 
But  of  all  other  the  said  witches,  these  two  last  before  recited,  were  re- 
puted for  as  civill  honest  women  as  anie  that  dwelled  within  the  cittie  of 
Edenbrough,  before  they  were  apprehended.  Many  other  besides  were 
taken  dwelling  in  Lieth,^  who  are  detayned  in  prison  untill  his  Majes- 
ties further  will  and  pleasure  be  knowne  .  .  .  .' 

As  touching  the  aforesaide  Doctor  Fian  alias  John  Cunningham, 
the  examination  of  his  actes  since  his  apprehension,  declareth  the  great 
subteltie  of  the  Divell,  and  therefore  maketh  thinges  to  appeare  the  more 
miraculous  ;  for  beeing  apprehended  by  the  accusation  of  the  saide  Geil- 


^  Edinburgh. 

2Leith. 

^Then  follows  an  account  of  the  torture  and  confession  of  Agnes  Sampson. 


THE    WITCH-PERSECUTION    IN   SCOTLAND.  21 

lis  Duncane  aforesaide,  who  confessed  he  was  their  Regester,  and  that 
there  was  not  one  man  suffered  to  come  to  the  Diveis  readinges  but 
onely  hee  :  the  saide  Doctor  was  taken  and  imprisoned,  and  used  with 
the  accustomed  paine  provided  for  those  offences,  inflicted  upon  the  rest, 
as  is  aforesaide.  First,  By  thrawing  of  his  head  with  a  rope,  whereat 
be  would  confesse  nothing.  Secondly,  Hee  was  perswaded  by  faire 
meanes  to  confesse  his  follies,  but  that  would  prevaile  as  little.  Lastly, 
Hee  was  put  to  the  most  severe  and  cruel  1  paine  in  the  worlde,  called 
the  bootes  ;^  who,  after  he  had  received  three  strokes,  being  inquired  if 
he  would  confesse  his  damnable  actes  and  wicked  life,  his  tooug  would 
not  serve  him  to  speake ;  in  respect  wherof  the  rest  of  the  witches  willed 
to  searche  his  toong,  under  which  was  founde  two  pinnes,  thrust  up  into 
the  heade ;  whereupon  the  witches  did  say,  Now  is  the  charme  stinted ; 
and  shrewed,  that  those  charmed  pinnes  were  the  cause  he  could  not 
confesse  any  thing :  Then  was  he  immediately  released  of  the  bootes, 
brought  before  the  King,^  his  confession  was  taken,  and  his  own  hand 
willingly  set  thereunto.     .     .     .^ 

Thus,  all  the  dale,  this  Doctor  Fiau  continued  very  solitarie,  and 
seemed  to  have  a  care  of  his  owne  soule,  and  would  call  uppon  God, 
shewing  himselfe  penitent  for  his  wicked  life ;  nevertheless,  the  same 
night,  hee  found  such  meanes  that  he  stole  the  key  of  the  prison  doore 
and  chamber  in  which  he  was,  which  in  the  night  hee  opened  and  fled 


i"The  boots,  or  bootikins^^^  says  Pitcairn  in  his  note  on  tliis  passage,  "were 
chiefly  made  use  of  in  extreme  cases,  such  as  High  Treason,  Witchcraft,  etc.  This 
horrid  instrument  extended  from  the  ankles  to  the  knee,  and  at  each  stroke  of  a 
arge  hammer  (which  forced  the  wedges  closer),  the  question  was  repeated.  In 
many  instances,  the  bones  and  flesh  of  the  leg  were  crushed  and  lacerated  in  a 
shocking  manner  before  confession  was  made." 

2 The  personal  interest  taken  in  these  trials  by  King  James  is  explained  by  the 
fact  that  one  of  the  crimes  which  the  witches  were  made  to  confess  was  that  they 
had  gone  to  sea  in  sieves  and  there  raised  the  contrary  wind  which  distressed  His 
Majesty's  ship  on  his  return  from  Denmark,  whither  he  had  gone  to  fetch  his  bride. 
It  was,  perhaps,  the  experience  thus  gained  in  the  persecution  which  impelled  King 
James  later  to  compose  a  book  on  witchcraft  [Daemofiologie,  Edinburgh,  1597)  ; 
and  which  led  him,  on  his  ascent  of  the  English  throne  in  1603,  not  only  to  bring 
out  at  London  a  fresh  edition  of  this  treatise,  but  to  inspire  a  new  and  sterner  Eng- 
lish statute  against  the  witches.  Under  this  statute  of  James  was  carried  on  most 
of  the  witch-persecution  in  England  and  all  that  in  the  New  England  colonies. 

^  Then  follows  a  summary  of  his  confession  and  an  account  of  his  commission 
to  a  solitary  cell.  What  is  next  printed  above  is  alleged  to  have  happened  on  the 
morrow. 


22  TRANSLATIONS    AND    REPRINTS. 

awaie  to  the  Saltpans,  where  hee  was  alwayes  resident,  and  first  appre- 
hended. 'Of  whose  sodaine  departure,  when  the  Kings  Majestie  had  in- 
telligence, hee  presently  commanded  diligent  inquirie  to  bee  made  for 
his  apprehension  ;  and  for  the  better  effecting  thereof,  hee  sent  publike 
proclamations  into  all  partes  of  his  lande  to  the  same  effect.  By  meanes 
of  whose  hot  and  harde  pursuite  he  was  agayn  taken,  and  brought  to 
prison  ;  and  then,  being  called  before  the  Kings  Highnes,  hee  was  re-ex- 
amined, as  well  touching  his  departure,  as  also  touching  all  that  had 
before  happened.  But  this  Doctor,  notwithstanding  that  his  owne  con- 
fession appeareth,  remaining  in  recorde  under  his  owne  hande  writting, 
and  the  same  thereunto  fixed  in  the  presence  of  the  Kings  Majestie  and 
sundrie  of  his  Councell,  yet  did  he  utterly  denie  the  same. 

Whereupon  the  Kings  Majestie,  perceiving  his  stubborne  willful- 
nesse,  conceived  and  imagined,  that  in  the  time  of  his  absence,  hee  had 
entered  into  newe  conference  and  league  with  the  Devill  his  maister  ; 
and  that  hee  had  beene  again  newly  marked,  for  the  w^hich  he  was  nar- 
rowly searched  ;  but  it  coulde  not  in  anie  waie  be  founde ;  yet  for  more 
tryall  of  him,  to  make  him  confesse,  hee  was  commaunded  to  have  a  most 
strange  torment,  which  was  done  in  this  manner  following.  His  nailes 
upon  all  his  fingers  were  riven  and  pulled  off  with  an  instrument  called 
in  Scottish  a  Turkas,  which  in  England  wee  call  a  payre  of  pincers,  and 
under  every  nayle  there  was  thrust  in  two  needels  over  even  up  to  the 
heads.  At  all  which  torments  notwithstanding,  the  Doctor  never  shronke 
anie  whit ;  neither  woulde  he  then  confesse  it  the  sooner,  for  all  the  tor- 
tures inflicted  upon  him.  Then  was  hee,  with  all  convenient  speede,  by 
comraandement,  convaied  againe  to  the  torment  of  the  bootes,  wherein 
hee  continued  a  long  time,  and  did  abide  so  many  blowes  in  them,  that 
his  legges  were  crusht  and  beaten  together  as  small  as  might  bee ;  and 
the  bones  and  flesh  so  brused,  that  the  bloud  and  marrow  spouted  forth 
in  great  abundance ;  whereby,  they  were  made  unserviceable  for  ever. 
And  notwithstanding  all  these  grievous  paines  and  cruell  torments,  he 
would  not  confesse  anie  things;  so  deeply  had  the  Devill  entered  into 
his  heart,  that  hee  utterly  denied  all  that  which  he  before  avouched ; 
and  would  saie  nothing  thereunto,  but  this,  that  what  hee  had  done  and 
sayde  before,  was  onely  done  and  sayde,  for  fear  of  paynes  which  he 
had  endured. 

Upon  great  consideration,  therefore,  taken  by  the  Kings  Majestie 
and  his  Councell,  as  well  for  the  due  execution  of  justice  uppon  such 
detestable  malefactors,  as  also  for  example  sake,  to  remayne  a  terrour 


THE    WITCH-PERSECUTION    AT    BAMBERG.  23 

to  all  others  heerafter,  that  shall  attempt  to  deale  in  the  lyke  wicked 
and  ungodlye  actions  as  witchcraft,  sorcerie,  conjuration,  and  such  lyke  ; 
the  saide  Doctor  Fian  was  soon  after  arraigned,  condemned  and  ad- 
judged by  the  law  to  die,  and  then  to  be  burned  according  to  the  lawe 
of  that  lande  provided  in  that  behalfe.  Whereupon  hee  was  put  into 
a  carte,  and  beeing  first  strangled,  hee  was  immediately  put  into 
a  great  fire,  being  readie  provided  for  that  purpose,  and  there  burned 
in  the  Castle  Hill  of  Edenbrough,  on  a  Saterdaie,  in  the  ende  of  Jan- 
uarie  last  past,  1591. 

VI.     THE  WITCH-PERSECUTION  AT  BAMBERG. 

From  mss.  in  the  Bamberg  library,  as  printed  by  Leitschuh,  Beitrdge  zur 
Geschichte  des  Hexenwesens  in  Franken  (Bamberg,  1883). 

In  1628  there  was  tried  for  witchcraft  at  the  episcopal  city  of  Bamberg,  in 
Germany,  the  Burgomaster  Johannes  Junius.  The  minutes  of  the  trial,  which  is 
in  all  respects  a  fair  specimen  of  witch-trials  in  general,  are  still  to  be  seen  at  Bam- 
berg.    Translated  from  German  into  English,  the  greater  part  runs  as  follows : 

...  On  Wednesday,  June  28,  1628,  was  examined  without  torture, 
Johannes  Junius,  Burgomaster  at  Bamberg,  on  the  charge  of  witch- 
craft :  how  and  in  what  fashion  he  had  fallen  into  that  vice.  Is  fifty- 
five  years  old,  and  was  born  at  Niederwaysich  in  the  Wetterau.  Says 
he  is  wholly  innocent,  knows  nothing  of  the  crime,  has  never  in  his  life 
renounced  God ;  says  that  he  is  wronged  before  God  and  the  world, 
would  like  to  hear  of  a  single  human  being  who  has  seen  him  at  such 
gatherings  [as  the  witch-sabbaths]. 

Confrontation  of  Dr.  Georg  Adam  Haan.  Tells  him  to  his  face 
he  will  stake  his  life  on  it  [er  xmlle  darauf  lebeii  und  sterheii],  that  he 
saw  him,  Junius,  a  year  and  a  half  ago  at  a  witch-gathering  in  the  elec- 
toral council-room,  where  they  ate  and  drank.  Accused  denies  the 
same  wholly. 

Confronted  with  HopfFens  Elsse.  Tells  him  likewise  that  he  was 
on  Htmpts-moor  at  a  witch-dance ;  but  fii*st  the  holy  wafer  was  desecrated. 
Junius  denies.  Hereupon  he  was  told  that  his  accomplices  had  confessed 
against  him  and  was  given  time  for  thought. 

On  Friday,  June  30,  1628,  the  aforesaid  Junius  was  again  with- 
out torture  exhorted  to  confess,  but  again  confessed  nothing,  whereupon, 
.  .  .  since  he  would  confess  nothing,  he  was  put  to  the  torture,  and 
first  the 


24 


TRANSLATIONS    AND    REPRINTS. 


Thumb-screivs  were  applied.  Says  he  has  never  denied  God  his  Sav- 
ior nor  suffered  himself  to  be  otherwise  baptized ;  will  again  stake  his 
life  on  it ;  feels  no  pain  in  the  thumb-screws. 

Leg-screws.  Will  confess  absolutely  nothing;  knows  nothing 
about  it.  He  has  never  renounced  God ;  will  never  do  such  a  thing ; 
has  never  been  guilty  of  this  vice ;  feels  likewise  no  pain. 

Is  stripped  and  examined ;  on  his  right  side  is  found  a  bluish 
mark,  like  a  clover  leaf,  is  thrice  pricked  therein,  but  feels  no  pain  and 
no  blood  flows  out.. 

Strappado.  He  has  never  renounced  God ;  God  will  not  forsake 
him ;  if  he  were  such  a  wretch  he  would  not  let  himself  be  so  tortured ; 
God  must  show  some  token  of  his  innocence.  He  knows  nothing  about 
witchcraft.    ... 

On  July  5,  the  above  named  Junius  is  without  torture,  but  with 
urgent  persuasions,  exhorted  to  confess,  and  at  last  begins  and  confesses : 

When  in  the  year  1624  his  law-suit  at  Rothweil  cost  him  some  six 
hundred  florins,  he  had  gone  out,  in  the  month  of  August,  into  his  or- 
chard at  Friedrichsbronnen ;  and,  as  he  sat  there  in  thought,  there  had 
come  to  him  a  woman  like  a  grass-maid,  who  had  asked  him  why  he 
sat  there  so  sorrowful ;  he  had  answered  that  he  was  not  despondent, 
but  she  had  led  him  by  seductive  speeches  to  yield  him  to  her  will.  .  .  . 
And  thereafter  this  wench  had  changed  into  the  form  of  a  goat,  which 
bleated  and  said,  "Now  you  see  with  whom  you  have  had  to  do.  You 
must  be  mine  or  I  will  forthwith  break  your  neck."  Thereupon  he 
had  been  frightened,  and  trembled  all  over  for  fear.  Then  the  trans- 
formed spirit  had  seized  him  by  the  throat  and  demanded  that  he  should 
renounce  God  Almighty,  whereupon  Junius  said,  "God  forbid,"  and 
thereupon  the  spirit  vanished  through  the  power  of  these  words.  Yet 
it  came  straightway  back,  brought  more  people  with  it,  and  persistently 
demanded  of  him  that  he  renounce  God  in  Heaven  and  all  the  heavenly 
host,  by  which  terrible  threatening  he  was  obliged  to  speak  this  for- 
mula: "I  renounce  God  in  Heaven  and  his  host,  and  will  hencefor- 
ward recognize  the  Devil  as  my  God." 

After  the  renunciation  he  was  so  tar  persuaded  by  those  present 
and  by  the  evil  spirit  that  he  suffered  himself  to  be  otherwise  baptized^ 


1  "  Otherwise  baptized"  is  the  usual  phrase  for  the  rite,  a  parody  of  baptism, 
by  which  the  Devil  was  believed  to  initiate  his  followers. 


THE    WITCH-PP:RSECUT10N    at    BAMBERG.  25 

in  the  evil  spirit's  name.     The  Morhauptin  had  given  him  a  ducat  as 
dower-gold,  which  afterward  became  only  a  potsherd. 

He  was  then  named  Krix.  His  paramour  he  had  to  call  Vixen. 
Those  present  had  congratulated  him  in  Beelzebub's  name  and  said 
that  they  were  now  all  alike.  At  this  baptism  of  his  there  were  among 
others  the  aforesaid  Christiana  Morhauptin,  the  young  Geiserlin,  Paul 
Glaser,  [and  others].     After  this  they  had  dispersed. 

At  this  time  his  paramour  had  promised  to  provide  him  with 
money,  and  from  time  to  time  to  take  him  to  other  witch-gatherings. 

.  .  .  Whenever  he  wished  to  ride  forth  [to  the  witch-vsabbath]  a 
black  dog  had  come  before  his  bed,  which  said  to  him  that  he  must  go 
with  him,  whereupon  he  had  seated  himself  upon  the  dog  and  the  dog 
had  raised  himself  in  the  Devil's  name  and  so  had  fared  forth. 

About  two  years  ago  he  was  taken  to  the  electoral  council-room,  at 
the  left  hand  as  one  goes  in.  Above  at  a  table  were  seated  the  Chan- 
cellor, the  Burgomaster  Neydekher,  Dr.  George  Haan,  [and  many 
others].  Since  his  eyes  were  not  good,  he  could  not  recognize  more 
persons. 

More  time  for  consideration  was  now  given  him.  On  July  7,  the 
aforesaid  Junius  was  again  examined,  to  know  what  further  had  oc- 
curred to  him  to  confess.  He  confesses  that  about  two  months  ago,  on 
the  day  after  an  execution  was  held,  he  was  at  a  witch-dance  at  the 
Black  Cross,  where  Beelzebub  had  shown  himself  to  them  all  and  said 
expressly  to  their  faces  that  they  must  all  be  burned  together  on  this 
spot,  and  had  ridiculed  and  taunted  those  present.    .    .    . 

Of  crimes.  His  paramour  had  immediately  after  his  seduction  de- 
manded that  he  should  make  away  with  his  youngest  son  Hans  Georg, 
and  had  given  him  for  this  purpose  a  gray  powder ;  this,  however,  be- 
ing too  hard  for  him,  he  had  made  away  with  his  horse,  a  brown, 
instead. 

His  paramour  had  also  often  spurred  him  on  to  kill  his  daughter, 
.  .  .  and  because  he  would  not  do  this  he  had  been  maltreated  with 
blows  by  the  evil  spirit. 

Once  at  the  suggestion  of  his  paramour  he  had  taken  the  holy  wa- 
fer out  of  his  mouth  and  given  it  to  her.    .    .    . 

A  week  before  his  arrest  as  he  was  going  to  St.  Martin's  church 
the  Devil  met  him  on  the  way,  in  the  form  of  a  goat,  and  told  him  that 
he  would  soon  be  imprisoned,  but  that  he  should  not  trouble  himself — 
he  would  soon  set  him  free.     Besides  this,  by  his  soul's  salvation,  he 


26  TRANSLATIONS    AND   REPRINTS. 

knew  nothing  further ;  but  what  he  had  spoken  was  the  pure  truth ; 
on  that  he  would  stake  his  life.  On  August  6,  1628,  there  was  read  to 
the  aforesaid  Junius  this  his  confession,  which  he  then  wholly  ratified 
and  confirmed,  and  was  willing  to  stake  his  life  upon  it.  And  after- 
ward he  voluntarily  confirmed  the  same  before  the  court. 

[So  ended  the  trial  of  Junius,  and  he  was  accordhigly  burned  at  the  stake. 
But  it  so  happens  that  there  is  also  preserved  in  Baml^erg  a  letter,  in  quivering 
hand,  secretly  written  by  him  to  his  daughter  while  in  the  midst  of  his  trial  (July 
24,  1628)  :] 

Many  hundred  thousand  good-nights,  dearly  beloved  daughter  Ve- 
ronica. Innocent  have  I  come  into  prison,  innocent  have  I  been  tor- 
tured, innocent  must  I  die.  For  whoever  comes  into  the  witch  prison 
must  become  a  witch  or  be  tortured  until  he  invents  something  out  of 
his  head  and — God  pity  him — bethinks  him  of  something.  I  will  tell 
you  how  it  has  gone  with  me.  When  I  was  the  first  time  put  to  the 
torture,  Dr.  Braun,  Dr.  Kotzendorfier,  and  two  strange  doctors  were 
there.  Then  Dr.  Braun  asks  me,  ''Kinsman,  how  come  you  here?" 
I  answer,  "Through  falsehood,  through  misfortune."  "Hear,  you,"  he 
says,  "you  are  a  witch;  will  you  confess  it  voluntarily?  If  not,  we'll 
bring  in  witnesses  and  the  executioner  for  you."  I  said  "I  am  no 
witch,  I  have  a  pure  conscience  in  the  matter ;  if  there  are  a  thousand 
witnesses,  I  am  not  anxious,  but  I'll  gladly  hear  the  witnesses."  Now 
the  chancellor's  son  was  set  before  me  .  .  .  and  afterward  Hoppfeu 
Elss.  She  had  seen  me  dance  on  Haupts-moor.  ...  I  answered : 
"I  have  never  renounced  God,  and  will  never  do  it — God  graciously 
keep  me  from  it.  I'll  rather  bear  whatever  I  must."  x\nd  then  came 
also — God  in  highest  Heaven  have  mercy — the  executioner,  and  put 
the  thumb-screws  on  me,  both  hands  bound  together,  so  that  the  blood 
ran  out  at  the  nails  and  everywhere,  so  that  for  four  weeks  I  could  not 
use  my  hands,  as  you  can  see  from  the  writing.  .  .  .  Thereafter  they 
first  stripped  me,  bound  my  hands  behind  me,  and  drew  me  up  in  the 
torture.^  Then  I  thought  heaven  and  earth  were  at  an  end ;  eight 
times  did  they  draw  me  up  and  let  me  fall  again,  so  that  I  suffered  ter- 
rible agony.    .    .    . 

'  This  torture  of  the  strappado,  which  was  that  in  most  common  use  by  the 
courts,  consisted  of  a  rope,  attached  to  the  hands  of  the  prisoner  (bound  behind 
his  back)  and  carried  over  a  pulley  at  the  ceiling.  By  this  he  was  drawn  up  and 
left  hanging.  To  increase  the  pain,  weights  were  attached  to  his  feet  or  he  was  sud- 
denly jerked  up  and  let  drop. 


THE    WITCH-PERSECUTION    AT    BAMBERG.  2*J 

And  this  happened  on  Friday,  June  30,  and  with  God's  help  I 
had  to  bear  the  torture.  .  .  .  When  at  last  the  executioner  led  me 
back  into  the  prison,  he  said  to  me:  "Sir,  I  beg  you,  for  God's  sake 
confess  something,  whether  it  be  true  or  not.  Invent  something,  for 
you  cannot  endure  the  torture  which  you  will  be  put  to ;  and,  even  if 
you  bear  it  all,  yet  you  will  not  escape,  not  even  if  you  were  an  earl, 
but  one  torture  will  follow  after  another  until  you  say  you  are  a  witch. 
Not  before  that,"  he  said,  "will  they  let  you  go,  as  you  may  see  by  all 
their  trials,  for  one  is  just  like  another."    .    .    . 

And  so  I  begged,  since  I  was  in  wretched  plight,  to  be  given  one  day 
for  thought  and  a  priest.  The  priest  was  refused  me,  but  the  time  for 
thought  was  given.  Now,  my  dear  child,  see  in  what  hazard  I  stood 
and  still  stand.  I  must  say  that  I  am  a  witch,  though  I  am  not, — 
must  now  renounce  God,  though  I  have  never  done  it  before.  Day 
and  night  I  was  deeply  troubled,  but  at  last  there  came  to  me  a  new 
idea.  I  would  not  be  anxious,  but,  since  I  had  been  given  no  priest 
with  whom  I  could  take  counsel,  I  would  myself  think  of  something 
and  say  it.  It  were  surely  better  that  I  just  say  it  with  mouth  and 
words,  even  though  I  had  not  really  done  it ;  and  afterwards  I  would 
confess  it  to  the  priest,  and  let  those  answer  for  it  who  compel  me  to  do 
it.  .  .  .  And  so  I  made  my  confession,  as  follows ;  but  it  was  all  a 
lie. 

Now  follows,  dear  child,  what  I  confessed  in  order  to  escape  the 
great  anguish  and  bitter  torture,  which  it  was  impossible  for  me  longer 
to  bear. 

[Here  follows  his  confession,  substantially  as  it  is  given  in  the  minutes  of  his 
trial.     But  he  adds  :] 

Then  I  had  to  tell  what  people  I  had  seen  [at  the  witch-sabbath]. 
I  said  that  I  had  not  recognized  them.  "  You  old  rascal,  I  must  set 
the  executioner  at  you.  Say — w^as  not  the  Chancellor  there?"  So  I 
said  yes.  "Who  besides?"  I  had  not  recognized  anybody.  So  he 
said:  "Take  one  street  after  another;  begin  at  the  market,  go  out  on 
one  street  and  back  on  the  next."  I  had  to  name  several  persons  there. 
Then  came  the  long  street.^  I  knew  nobody.  Had  to  name  eight  per- 
sons there.  Then  the  Zinkenwert — one  person  more.  Then  over  the 
upper  bridge  to  the  Georgthor,  on  both  sides.     Knew  nobody  again. 


'■'■Die  lange gasse^^ — the  street  is  still  known  by  that  name. 


28  TRANSLATIONS    AND    REPRINTS. 

Did  I  know  nobody  in  the  castle — whoever  it  might  be,  I  should  speak 
without  fear.  And  thus  continuously  they  asked  me  on  all  the  streets, 
though  I  could  not  and  would  not  say  more.  So  they  gave  me  to  the 
executioner,  told  him  to  strip  me,  shave  me  all  over,  and  put  me  to  the 
torture.  "The  rascal  knows  oue  on  the  market-place,  is  with  him  daily, 
and  yet  won't  name  him."  By  that  they  meant  Dietmeyer:  so  I  had 
to  name  him  too. 

Then  I  had  to  tell  what  crimes  I  had  committed.  I  said  nothing. 
.  .  *'Draw  the  rascal  up!"  So  I  said  that  I  was  to  kill  my  children, 
but  I  had  killed  a  horse  instead.  It  did  not  help.  I  had  also  taken  a 
sacred  wafer,  and  had  desecrated  it.  When  I  had  said  this,  they  left 
me  in  peace. 

Now,  dear  child,  here  you  have  all  my  confession,  for  which  I 
must  die.  And  they  are  sheer  lies  and  made-up  things,  so  help  me 
God.  For  all  this  I  was  forced  to  say  through  fear  of  the  torture  which 
was  threatened  beyond  what  I  had  already  endured.  For  they  never 
leave  off  with  the  torture  till  one  confesses  something ;  be  he  never  so 
good,  he  must  be  a  witch.     Nobody  escapes,  though  he  were  an  earl. 

Dear  child,  keep  this  letter  secret  so  that  people  do  not  find  it,  else 
I  shall  be  tortured  most  piteously  and  the  jailers  will  be  beheaded.  So 
strictly  is  it  forbidden.  .  .  .  Dear  child,  pay  this  man  a  dollar.  .  .  . 
I  have  taken  several  days  to  write  this :  my  hands  are  both  lame.  I 
am  in  a  sad  plight.    ... 

Good  night,  for  your  father  Johannes  Junius  will  never  see  you 
more.     July  24,  1628. 

[And  on  the  margin  of  the  letter  he  added  :] 

Dear  child,  six  have  confessed  against  me  at  once :  the  Chancellor, 
his  son,  Neudecker,  Zaner,  Hoffhiaisters  Ursel,  and  Hoppfen  Els — all 
false,  through  compulsion,  as  they  have  all  told  me,  and  begged  my  for 
giveness  in  God's  name  before  they  were  executed.  .  .  .  They  know 
nothing  but  good  of  me.  They  were  forced  to  say  it,  just  as  I  myself 
was.    .    .    . 

VII.     THE  WITCH-PERSECETION  AT  WURZBURG. 

From  Codex  german.  1254  of  the  Munich  library,  as  printed  by  Leitschuh, 
Beitrdge  zur  Geschichte  des  Hexenwesens  in  Franken, 
In  August,  1629,  the  Chancellor  of  the  Prince-Bishop  of  Wiirzburg  thus  wrote 
(in  German)  to  a  friend  : 


THE    WITCH-PERSECUTION    AT    WURZBURG.  29 

As  to  the  affair  of  the  ^Yitches,  which  Your  Grace  thinks  brought 
to  an  end  before  this,  it  has  started  up  afresh,  and  no  words  can  do  jus- 
tice to  it.  Ah,  the  woe  and  the  misery  of  it — there  are  still  four  hun- 
dred in  the  city,  high  and  low,  of  every  rank  and  sex,  nay,  even  clerics, 
so  strongly  accused  that  they  may  be  arrested  at  any  hour.  It  is  true 
that,  of  the  people  of  my  Gracious  Prince  here,  some  out  of  all  offices 
and  faculties  must  be  executed :  clerics,  electoral  councilors  and  doc- 
tors, city  officials,  court  assessors,  several  of  whom  Your  Grace  knows. 
There  are  law  students  to  be  arrested.  The  Prince-Bishop  has  over 
forty  students  who  are  soon  to  be  pastors ;  among  them  thirteen  or  four- 
teen are  said  to  be  witches.  A  few  days  ago  a  Dean  was  arrested  ;  two 
others  who  were  summoned  have  fled.  The  notary  of  our  Church  con- 
sistory, a  very  learned  man,  was  yesterday  arrested  and  put  to  the  tor- 
ture. In  a  word,  a  third  part  of  the  city  is  surely  involved.  The 
richest,  most  attractive,  most  prominent,  of  the  clergy  are  already  exe- 
cuted. A  week  ago  a  maiden  of  nineteen  was  executed,  of  whom  it  is 
everywhere  said  that  she  was  the  fairest  in  the  whole  city,  and  was  held 
by  everybody  a  girl  of  singular  modesty  and  purity.  She  will  be  fol- 
lowed by  seven  or  eight  others  of  the  best  and  most  attractive  persons. 
.  .  .  And  thus  many  are  put  to  death  for  renouncing  God  and  being 
at  the  witch-dances,  against  whom  nobody  has  ever  else  spoken  a  word. 

To  conclude  this  wretched  matter,  there  are  children  of  three  and 
four  years,  to  the  number  of  three  hundred,  who  are  said  to  have  had 
intercourse  with  the  Devil.  I  have  seen  put  to  death  children  of  seven, 
promising  students  of  ten,  twelve,  fourteen,  and  fifteen.  Of  the  nobles 
— but  I  cannot  and  must  not  write  more  of  this  misery.  There  are 
persons  of  yet  higher  rank,  whom  you  know,  and  would  marvel  to  hear 
of,  nay,  would  scarcely  believe  it ;  let  j  ustice  be  done    .    .    . 

P.  S. — Though  there  are  many  wonderful  and  terrible  things  hap- 
pening, it  is  beyond  doubt  that,  at  a  place  called  the  Fraw-Rengberg, 
the  Devil  in  person,  with  eight  thousand  of  his  followers,  held  an  assem- 
bly and  celebrated  mass  before  them  all,  administering  to  his  audience 
(that  is,  the  witches)  turnip-rinds  and  parings  in  place  of  the  Holy  Eu- 
charist. There  took  place  not  only  foul  but  most  horrible  and  hideous 
blasphemies,  whereof  I  shudder  to  write.  It  is  also  true  that  they  all 
vowed  not  to  be  enrolled  in  the  Book  of  Life,  but  all  agreed  to  be  in- 
scribed by  a  notary  who  is  well  known  to  me  and  my  colleagues.  We 
hope,  too,  that  the  book  in  which  they  are  enrolled  will  yet  be  found, 
and  there  is  no  little  search  being  made  for  it. 


30  TRANSLATIONS    AND    REPRINTS. 

VIII.     THE  METHODS   OF   THE  WITCH-PERSECUTIONS. 

It  was  in  Franconia,  during  the  persecutions  just  above  described,  that  the 
noble  Jesuit  poet,  Friedrich  von  Spee,  was  made  the  confessor  of  those  sentenced 
to  death  for  witchcraft  and  was  thus  inspired  to  write  (though  anonymously)  the 
book  whose  eloquent  protest  gave  the  persecution  throughout  Europe  its  first  ef- 
fective check.  Not  till  long  afterward  did  the  philosopher  Leibnitz  reveal  its  au- 
thorship, on  the  authority  of  his  friend  Johann  Philipp  von  Schonborn,  Archbishop 
of  Mainz,  who  as  a  boy  at  WLirzburg  had  known  and  loved  Father  Spee  and  had 
learned  from  him  the  whole  story  in  answer  to  a  question  as  to  the  young  father's 
whitened  hair.  The  last  of  the  fifty-one  doubts  into  which  Spec's  Cautio  crnnina- 
lis  (Rinteln,  163 1)  is  divided  runs  thus  (pp.  378 — 392)  : 

What,  now,  is  the  outline  and  method  0}  the  trials  against  witches 
to-day  in  general  usef — a  thing  worthy  Germany's  consideration. 

1  answer :    .    .    . 

1.  Incredible  among  us  Germans  and  especially  (I  blush  to  say- 
it)  among  Catholics  are  the  popular  superstition,  envy,  calumnies, 
backbitings,  insinuations,  and  the  like,  which,  being  neither  punished  by 
the  magistrates  nor  refuted  by  the  pulpit,  first  stir  up  suspicion  of 
witchcraft.  All  the  divine  judgments  which  God  has  threatened  in 
Holy  Writ  are  now  ascribed  to  witches.  No  longer  do  God  or  nature 
do  aught,  but  witches  everything. 

2.  Hence  it  comes  that  all  at  once  everybody  is  clamoring  that 
the  magistrates  proceed  against  the  witches — those  watches  whom  only 
their  own  clamor  has  made  seem  so  many. 

3.  Princes,  therefore,  bid  their  judges  and  counselors  to  begin 
proceedings  against  the  witches. 

4.  These  at  first  do  not  know  where  to  begin,  since  they  have  no 
testimony  or  proofs,  and  since  their  conscience  clearly  tells  them  that 
they  ought  not  to  proceed  in  this  rashly. 

5.  Meanwhile  they  are  a  second  time  and  a  third  admonished  to 
proceed.  The  multitude  clamors  that  there  is  something  suspicious  in 
this  delay ;  and  the  same  suspicion  is,  by  one  busybody  or  another,  in- 
stilled into  the  ear  of  the  princes. 

6.  To  offend  these,  however,  and  not  to  defer  at  once  to  their 
wishes,  is  in  Germany  a  serious  matter :  most  men,  and  even  clergymen, 
approve  with  zeal  whatever  is  but  pleasing  to  the  princes,  not  heeding 
by  whom  these  (however  good  by  nature)  are  often  instigated. 

7.  At  last,  therefore,  the  judges  yield  to  their  wishes,  and  in 
some  way  contrive  at  length  a  starting-point  for  the  trials. 


THE   METHODS    OP   THE    WITCH-PERBECUTIONS.  3 1 

8.  Or,  if  they  still  hold  out  and  dread  to  touch  the  ticklish  mat- 
ter, there  is  sent  to  them  a  commissioner  [^Inqnisltoi'']  specially  deputed 
for  this.  And,  even  if  he  brings  to  his  task  something  of  inexperience 
or  of  ardor,  as  is  wont  to  happen  in  things  human,  this  takes  on  in  this 
field  another  color  and  name,  and  is  counted  only  zeal  for  justice.  This 
zeal  for  justice  is  no  whit  diminished  by  the  prospect  of  gain,  especially  in 
the  case  of  a  commissioner  of  slender  means  and  avaricious,  with  a 
large  family,  when  there  is  granted  him  as  salary  so  many  dollars  per 
head  for  each  witch  burned,  besides  the  fees  and  assessments  which  he  is 
allowed  to  extort  at  will  from  the  peasants. 

9.  If  now  some  utterance  of  a  demoniac^  or  some  malign  and  idle 
rumor  then  current  (for  proof  of  the  scandal  is  never  asked)  points  es- 
pecially to  some  poor  and  helpless  Gaia,^  she  is  the  first  to  suffer. 

10.  And  yet,  lest  it  appear  that  she  is  indicted  on  the  basis  of  ru- 
mor alone,  without  other  proofs,  as  the  phrase  goes,  lo  a  certain  presump- 
tion is  at  once  obtained  against  her  by  posing  the  following  dilemma  : 
Either  Gaia  has  led  a  bad  and  improper  life,  or  she  has  led  a  good  and 
proper  one.  If  a  bad  one,  then,  say  they,  the  proof  is  cogent  against 
her  ;  for  from  malice  to  malice  the  presumption  is  strong.  If,  however, 
she  has  led  a  good  one,  this  also  is  none  the  less  a  proof ;  for  thus,  they 
say,  are  witches  wont  to  cloak  themselves  and  try  to  seem  especially 
proper, 

11.  Therefore  it  is  ordered  that  Gaia  be  haled  away  to  prison. 
And  lo  now  a  new  proof  is  gained  against  her  by  this  other  dilemma  : 
Either  she  then  shows  fear  or  she  does  not  show  it.  If  she  does  show  it 
(hearing  forsooth  of  the  grievous  tortures  w^ont  to  be  used  in  this  matter), 
this  is  of  itself  a  proof ;  for  conscience,  they  say  accuses  her.  If  she  does 
not  show  it  (trusting  foi*sooth  in  her  innocence),  this  too  is  a  proof;  for 
it  is  most  characteristic  of  witches,  they  say,  to  pretend  themselves  pecu- 
liarly innocent  and  wear  a  bold  front. 

12.  Lest,  however,  further  proofs  against  her  should  be  lacking, 
the  Commissioner  has  his  own  creatures,  often  depraved  and  notorious,  who 
question  into  all  her  past  life.  This,  of  course,  cannot  be  done  without 
coming  upon  some  saying  or  doing  of  hers  which  evil-minded  men  can 
easily  twist  or  distort  into  ground  for  suspicion  of  witchcraft. 


1  i.  e.,  of  course,  an  insane  person. 

2  i.  e.  woman.      Gaia  was  the  name  used  for   a   female  culprit  by  the  Reman 
law — like  the  John  Doe  and  Richard  Roe  of  our  own  legal  parlance. 


32  TRANSLATIONS    AND    REPRINTS. 

13.  If,  too^  there  are  any  who  have  borne  her  ill  will,  these,  hav- 
ing now  a  fine  opportunity  to  do  her  harm,  bring  against  her  such 
charges  as  it  may  please  them  to  devise  ;  and  on  every  side  there  is  a 
clamor  that  the  evidence  is  heavy  against  her. 

14.  And  so,  as  soon  as  possible,  she  is  hurried  to  the  torture,  if 
indeed  she  be  not  subjected  to  it  on  the  very  day  of  her  arrest,  as  often 
happens. 

15.  For  in  these  trials  there  is  granted  to  nobody  an  advocate  or 
any  means  of  fair  defense,  for  the  cry  is  that  the  crime  is  an  excepted 
one,^  and  whoever  ventures  to  defend  the  prisoner  is  brought  into  suspi- 
cion of  the  crime — as  are  all  those  who  dare  to  utter  a  protest  in  these 
cases  and  to  urge  the  judges  to  caution  ;  for  they  are  forthwith  dubbed 
patrons  of  the  witches.  Thus  all  mouths  are  closed  and  all  pens  blunted, 
lest  they  speak  or  write. 

16.  In  general,  however,  that  it  may  not  seem  that  no  opportu- 
nity of  defense  has  been  given  to  Gaia,  she  is  brought  out  and  the  proofs 
are  first  read  before  her  and  examined — if  examine  it  can  be  called. 

17.  But,  even  though  she  then  denies  these  and  satisfactorily 
makes  answer  to  each,  this  is  neither  paid  attention  to  nor  even  noted 
down :  all  the  proofs  retain  their  force  and  value,  however  perfect  her 
answer  to  them.  She  is  only  ordered  back  into  prison,  there  to  bethink 
herself  more  carefully  whether  she  will  persist  in  her  obstinacy — for, 
since  she  has  denied  her  guilt,  she  is  obstinate. 

18.  When  she  has  bethought  herself,  she  is  next  day  brought 
out  again,  and  there  is  read  to  her  the  sentence  of  torture — just  as  if 
she  had  before  answered  nothing  to  the  charges,  and  refuted  nothing. 

19.  Before  she  is  tortured,  however,  she  is  led  aside  by  the  exe- 
cutioner, and,  lest  she  may  by  magical  means  have  fortified  herself 
against  pain,  she  is  searched,  her  whole  body  being  shaved,  .  .  .  ; 
although  up  to  this  time  nothing  of  the  sort  was  ever  found. 

^  >!«  >i<  :i<  j|<  >!<  :^  ^  ^ 

21.  Then,  when  Gaia  has  thus  been  searched  and  shaved,  she  is 
tortured  that  she  may  confess  the  truth,  that  is  to  say,  that  she  may 


^  Crimina  excepta  were  those  in  which,  by  reason  of  their  enormity,  all  re- 
straints upon  procedure  were  suspended.  Such  were  treason,  and,  by  analogy, 
treason  against  heaven — heresy,  that  is,  and  especially  witchcraft.  In  dealing  with 
the  latter  an  added  ground  for  severity  was  found  in  the  belief  that  the  Devil  might 
aid  supernaturally  his  allies. 


THE    METHODS    OF   THE    WITCH-PERSECUTIONS,  33 

simply  declare  herself  guilty ;  for  whatever  else  she  may  say  will  not 
be  the  truth  and  cannot  be. 

22.  She  is,  however,  tortured  with  the  torture  of  the  first  degree, 
i.  e.,  the  less  severe.  This  is  to  be  understood  thus :  that,  although  in 
itself  it  is  exceeding  severe,  yet,  compared  with  others  to  follow,  it  is 
lighter.  Wherefore,  if  she  confesses,  they  say  and  noise  it  abroad  that 
she  has  confessed  without  torture. 

23.  Now,  what  prince  or  other  dignitary  who  hears  this  can 
doubt  that  she  is  most  certainly  guilty  who  thus  voluntarily  without 
torture  confesses  her  guilt? 

24.  Without  any  scruples,  therefore,  after  this  confession  she  is 
executed.  Yet  she  would  have  been  executed,  nevertheless,  even 
though  she  had  not  confessed;  for  when  once  a  beginning  has  been 
made  with  the  torture,  the  die  is  already  cast — she  cannot  escape,  she 
must  die. 

25.  So,  whether  she  confesses  or  does  not  confess,  the  result  is 
the  same.  If  she  confesses,  the  thing  is  clear,  for,  as  I  have  said  and 
as  is  selt-evident,  she  is  executed :  all  recantation  is  in  vain,  as  I  have 
shown  above.  If  she  does  not  confess,  the  torture  is  repeated — twice, 
thrice,  four  times:  anything  one  pleases  is  permissible,  for  in  an  ex- 
cepted crime  ^  there  is  no  limit  of  duration  or  severity  or  repetition  of 
the  tortures.  As  to  this,  think  the  judges,  no  sin  is  possible  w^hich  can 
be  brought  up  before  the  tribunal  of  conscience.^ 

26.  If  now  Gaia,  no  matter  how  many  times  tortured,  has  not 
yet  broken  silence, — if  she  contorts  her  features  under  the  pain,  if  she 
looses  consciousness,  or  the  like,  then  they  cry  that  she  is  laughing  or 
has  bewitched  herself  into  taciturnity,^  and  hence  deserves  to  be  burned 
alive,  as  lately  has  been  done  to  some  who  though  several  times  tor- 
tured would  not  confess. 

27.  And  then  they  say- — even  clergymen  and  confessors — that 
she  died  obstinate  and  impenitent,  that  she  would  not  be  converted  or 
desert  her  paramour,*  but  kept  rather  her  faith  with  him. 

28.  If,  however,  it  chances  that  under  so  many  tortures  one  dies. 


See  note  on  page  32. 
i.  e,,  which  can  be  in 
^  Uti  maleficto  taciturnitatis ,  i.  e.,  by  witchcraft  makes  herself  incapable  of 
confession. 

*i.  e.,  of  course,  the  Devil. 


34  TRANSLATIONS   AND   REPRINTS. 

they  say  that  her  neck  has  been  broken  by  the  Devil 

29.  Wherefore  justly,  forsooth,  the  corpse  is  dragged  out  by  the 
executioner  and  buried  under  the  gallows. 

30.  But  if,  on  the  other  hand,  Gaia  does  not  die  and  some  ex- 
ceptionally scrupulous  judge  hesitates  to  torture  her  further  without 
fresh  proofs  or  to  burn  her  without  a  confession,  she  is  kept  in  prison 
and  more  harshly  fettered,  and  there  lies  for  perhaps  an  entire  year  to 
rot  until  she  is  subdued. 

31.  For  it  is  never  possible  to  clear  herself  by  withstanding  and 
thus  to  wash  away  the  aspersion  of  crime,  as  is  the  intention  of  the  laws. 
It  would  be  a  disgrace  to  her  examiners  if  when  once  arrested  she  should 
thus  go  free.  Guilty  must  she  be,  by  fair  means  or  foul,  whom  they 
have  once  but  thrown  into  bonds. 

32.  Meanwhile,  both  then  and  earlier,  they  send  to  her  ignorant 
and  headstrong  priests,  more  importunate  than  the  executioners  them- 
selves. It  is  the  business  of  these  to  harass  in  every  wise  the  wretched 
creature  to  such  a  degree  that,  whether  truly  or  not,  she  will  at  last  confess 
herself  guilty ;  unless  she  does  so,  they  declare,  she  simply  cannot  be 
saved,  nor  share  in  the  sacraments. 

33.  The  greatest  care  is  taken  lest  there  be  admitted  to  her  priests 
more  thoughtful  and  learned,  who  have  aught  of  insight  or  kindliness ; 
as  also  that  nobody  visits  her  prison  who  might  give  her  counsel  or  in- 
form the  ruling  princes.  For  there  is  nothing  so  much  dreaded  by  any 
of  them  as  that  in  some  way  the  innocence  of  any  of  the  accused  should 
be  brought  to  light.    .    .    . 

34.  In  the  meantime,  while  Gaia,  as  I  have  said,  is  still  held  in 
prison,  and  is  tormented  by  those  whom  it  least  behooves,  there  are  not 
wanting  to  her  industrious  judges  clever  devices  by  which  they  not  only 
find  new  proofs  against  Gaia,  but  by  which  moreover  they  so  convict 
her  to  her  face  (an  't  please  the  gods !)  that  by  the  advice  of  some  uni- 
versity faculty  ^  she  is  then  at  last  pronounced  to  deserve  burning  alive. 

35.  Some,  however,  to  leave  no  stone  unturned,  order  Gaia  to  be 
exorcised  and  transferred  to  a  new  place,  and  then  to  be  tortured  again, 
in  the  hoj^e  that  by  this  exorcism  and  change  of  place  the  bewitchment 

'  It  was  sometimes  the  juristic,  sometimes  the  theologic,  faculty  of  a  university 
which  was  called  on  for  such  advice,  the  crime  of  witchcraft  being  subject  to  both 
secular  and  ecclesiastical  jurisdiction. 


TI-IE   METHODS    OF   THE    WITCH-PERSECUTIONS.  35 

of  taciturnity  may  perhaps  be  broken.  But,  if  not  even  this  succeeds, 
then  at  last  they  commit  her  alive  to  the  flames.  Now,  in  Heaven's 
name,  I  would  like  to  know,  since  both  she  who  confesses  and  she  who 
does  not  perish  alike,  what  way  of  escape  there  is  for  any,  however  in- 
nocent? O  unhappy  Gaia,  why  hast  thou  rashly  hoped?  why  hast  thou 
not,  at  first  entering  prison,  declared  thyself  guilty?  why,  O  foolish 
woman  and  mad,  wilt  thou  die  so  many  times  when  thou  mightst  die 
but  once?  Follow^  my  counsel,  and  before  all  pain  declare  thyself  guilty 
and  die.  Thou  wilt  not  escape ;  for  this  were  a  disgrace  to  the  zeal  of 
Germany. 

36.  If,  now,  any  under  stress  of  pain  has  once  falsely  declared 
herself  guilty,  her  wretched  plight  beggars  description.  For  not  only 
is  there  in  general  no  door  for  her  escape,  but  she  is  also  compelled  to 
accuse  others,  of  whom  she  knows  no  ill,  and  whose  names  are  not  sel- 
dom suggested  to  her  by  her  examiners  or  by  the  executioner,  or  of 
whom  she  has  heard  as  suspected  or  accused  or  already  once  arrested 
and  released.  These  in  their  turn  are  forced  to  accuse  othei^s,  and 
these  still  others,  and  so  it  goes  on :  who  can  help  seeing  that  it  must  go 
on  without  end? 

37.  Wherefore  the  judges  themselves  are  obliged  at  last  either  to 
break  off  the  trials  and  so  condemn  their  own  w^ork  or  else  to  burn  their 
own  folk,  aye  themselves  and  everybody :  for  on  all  soon  or  late  false 
accusations  fall,  and,  if  only  followed  by  the  torture,  all  are  proved 
guilty. 

38.  And  so  at  last  those  are  brought  in  question  who  at  the  out- 
set most  loudly  clamored  for  the  constant  feeding  of  the  flames;  for  they 
rashly  failed  to  foresee  that  their  turn,  too,  must  inevitably  come — and 
by  a  just  verdict  of  heaven,  since  with  their  pestilent  tongues  they 
created  us  so  many  witches  and  sent  so  many  innocent  to  the  flames. 

39.  But  now  gradually  many  of  the  wiser  and  more  learned  be- 
gin to  take  notice  of  it,  and,  as  if  aroused  from  deep  sleep,  to  open 
their  eyes  and  slowly  and  cautiously  to  bestir  themselves. 

46.  From  all  which  there  follows  this  corollary,  worthy  to  be 
noted  in  red  ink :  that,  if  only  the  trials  be  steadily  pushed  on  with, 
there  is  nobody  in  our  day,  of  whatsoever  sex,  fortune,  rank,  or  dignity 
who  is  safe,  if  he  have  but  an  enemy  and  slanderer  to  bring  him  into 
suspicion  of  witchcraft.    .    .    . 


36  TRANSLATIONS    AND   REPRINTS. 

IX.     SELECT  BIBLIOGRAPHY. 

There  are  few  subjects  on  which  so  much  has  been  written,  yet  so  little  that  is 
serious  in  aim  and  scholarly  in  method.  An  idea  of  the  literature  as  a  whole  may 
be  gained  from  a  paper  on  "  The  Literature  of  Witchcraft,"  contributed  by  the 
present  editor  to  the  Papers  of  the  American  Historical  Association  for  1890,  and 
from  Dr.  Justin  Winsor's  "The  Literature  of  Witchcraft  in  New  England,"  in  the 
Proceedings  of  the  American  Antiquarian  Society  for  1895.  The  best  survey,  in 
English,  of  the  whole  subject  is  still  the  chapter  "Magic  and  Witchcraft"  in  Mr. 
Lecky's  "  History  of  the  Rise  and  Influence  of  the  Spirit  of  Rationalism  in  Europe." 
Mr.  Lea's  "  History  of  the  Inquisition  in  the  Middle  Ages  "  has,  in  its  chapters  on 
"Sorcery  and  Occult  Arts  "  and  on  "  Witchcraft,  "  the  best  account  of  the  rise  of 
the  modern  witch-persecution.  Admirable  for  its  insight  is  James  Russell  Lowell's 
essay  on  "  Witchcraft  "  (in  his  "  Among  my  Books  ").  Of  the  monographs  the 
best  of  the  more  comprehensive  are  : 

Soldan  :  Geschichte  der  Hexenprozesse.  Neu  bearbeitet  von  H.  Heppe.  2  vols. 
Stuttgart,  1880. 
The  most  exhaustive,  learned,  and  accurate  of  the  histories  of  the  witch-per- 
secutions. 

Wright:  Narratives  of  Sorcery  and  Magic.     2  vols.     London,  185 1.     (i  vol. 
New  York,  1852.) 

Written  to  entertain,  and  with  little  attempt  at  exhaustiveness,  but  the  work  of 
a  true  scholar.  It  is  episodical  in  treatment  and  gives  especial  attention  to  the  per- 
secution in  lands  of  English  speech. 

Baissac  :  Las  Grands  Jours  de  la  Sorcellerie.     Paris,  1890. 

The  best  of  the  French  histories  of  the  subject.  Jt  gives  most  attention  to 
France.  An  earlier  book  of  Baissac's,  Le  Diable  (Paris,  1882),  is  also  of 
value  for  this  study. 

Diefenbach:  Der  Hexenwahn  vor  und  nach  der  Glaubensspaltung  in 
Deutschland.  Mainz,  1886. 
A  study,  by  a  Catholic  apologist,  of  the  share  of  the  rival  faiths  in  the  persecu- 
tion. Directed  in  part  against  Soldan.  An  abler  and  more  thorough  treatment 
from  the  Catholic  side  is  now  to  be  found,  however,  in  the  eighth  volume  of  Jans- 
sen's  Geschichte  des  deutschen  Volkes  (Freiburg,  1894). 

Langin  :  Religion  und  Hexenprczess.     Leipzig,  1888. 

A  study  of  the  same  question  from  a  Protestant  point  of  view.  In  part  an  an- 
swer to  Diefenbach. 

Michelet :  La  Sorciere.     Paris,  1862. 

An  eloquent  book,  by  a  briUiant  scholar  ;  but  a  rhapsody  rather  than  a  history, 
and  as  full  of  fancy  as  of  fact.     It  is  available  also  in  English  translation  (London, 

1863). 

Upham  :  Salem  Witchcraft.     2  vols.     Boston,  1867, 

The  standard  work  upon  the  most  notable  of  American  witch-persecutions.  It 
may  be  supplemented  by  Drake's  Annals  of  Witchcraft  in  New  England 
and  elsewhere  in  the  United  States  (Boston,  1869). 

Roskoff:  Geschichte  des  Teufels.     2  vols.     Leipzig,  1869. 

Best  for  the  history  of  the  Devil  in  his  relation  to  witchcraft.  Of  value,  but 
dealing  less  learnedly  and  minutely  with  the  witch-persecution,  are  also  Conway's 
Denionology  and  Devil-lore  (London,  and  New  York,  1879)  and  Grafs  // 
Diavolo  (Milan,  1889). 

Binz :  Doctor  Johann  W^eyer.     Bonn,  1885.     2d  ed,,  enlarged,  Berlin,  1896. 

A  scholarly  biography  of  the  first  great  opponent  of  witch-persecution,  with 
excellent  sketches  of  his  opponents  and  of  his  followers  in  this  humane  struggle. 


Translations  and  Reprints 

FROM   THE 

ORIGIiSrAl.  SOURCES  OF  EUROPEAN  HISTORY. 
Voiv.  III.  English  Manorial  Documents.  No.  5. 

TABI.E  OF  CONTENTS. 

PAGE 

I.        Extents  or  Surveys. 

1.  A  Domesday  Manor, 3 

2.  A  Manor  of  Peterborough  Abbey, 4 

3.  A  Manor  of  the  Hundred, Rolls, 4 

4.  A  Manor  of  Battle  Abbey, 8 

II.         CoMPOTUS  Roll— Account  of  Cuxhani, 14 

III.  Manor  Court  Rolls. 

I.     Rolls  of  Great  Cressingham,      20 

.2.     Rolls  of  Durham  Priory, 24 

IV.  Description  of  a  Manor  House,     31 

V.        Manumission  of  a  Villein, 31 


INTRODUCTION. 

The  manor  was  the  most  fundamental  institution  of  mediaeval  society.  In 
the  use  of  the  term  as  a  territorial  expression,  equivalent  to  villa,  vill,  or  township, 
a  manor  was  a  stretch  of  country  occupied  by  a  rural  population,  grouped  in  a  sin- 
gle village,  or  perhaps  in  several  hamlets,  each  surrounded  by  its  agricultural  lands. 
Part  of  the  land  of  the  manor,  known  as  the  deinesne,  was  culdvated  by  the  lord  of 
the  manor  through  a  bailiff  or  other  officers,  the  remainder  was  occupied  by  tenants, 
free  and  serf,  who  cultivated  their  scattered  holdings  and,  in  the  form  of  compuls- 
ory services,  performed  most  of  the  labor  on  the  demesne  lands.  The  manor,  in 
this  sense,  was  the  agricultural  unit  of  the  country,  and  had  its  own  internal  or- 
ganization based  upon  the  form  of  distribution  of  the  land,  the  method  of  its  cul- 
tivation, and  the  reciprocal  relations  of  the  Tiemesne  and  the  rest  of  the  land.  The 
greater  part  of  England  was  divided  into  such  manors,  either  contiguous  or  separated 
by  unused  stretches  of  moor,  fen,  or  forest. 


2  TRANSLATIONS    AND    REPRINTS. 

Some  slight  indications  of  this  organization  are  discoverable  from  Anglo  Saxon 
documents,  from  the  entries  of  Domesday  Book,  and  certain  other  early  documents. 
But  the  fullest  information  is  to  be  found  in  the  surveys  or  Extents  of  the  13th  and 
later  centuries.  These  were  drawn  up  from  time  to  time  for  the  iirformation  of  the 
lord  of  the  manor  by  a  steward  or  other  representative,  who  obtained  his  infomia- 
tion  from  a  group  of  the  inhabitants  of  the  manor  who  were  put  upon  their  oath  for 
that  purpose.  Such  a  survey,  inquisition,  or  extent  usually  gives  a  description  of 
the  kind,  amount,  and  value  of  the  demesne  lands,  a  list  of  the  inhabit;ints  of  the 
manor,  with  the  amounts  of  land  which  they  hold,  the  payments  they  ma.  :e  and  the 
services  they  are  bound  to  perform,  with  some  information  in  regard  to  the  peculiar 
local  customs.  A  less  formal  and  complete  description  of  a  manor  is  often  spoken  of 
as  a  Rental  or  Custunial. 

For  the  actual  processes  of  agriculture,  in  the  case  of  the  small  farming  tenants, 
we  have  not  much  direct  information  ;  but  in  the  case  of  the'  demesne  farm,  full 
information  as  to  both  cultivation  and  administration  is  given  not  only  in  certain 
contemporary  treatises,  but  in  the  bailiffs'  accounts  or  Compotus  rolls.  These, 
of  which  large  numbers  exist,  but  of  which  only  a  few  have  been  published,  give 
detailed  reports  as  to  income  and  expenditure  upon  the  manor  farm.  As  this 
demesne  farm  was  frequently  of  several  hundred  acres,  besides  pasture  and  woods, 
careful  lords  of  manors,  especially  ecclesiastical  corporations,  insisted  on  minute 
reports  of  all  details  from  the  steward,  bailiff,  reeve,  or  other  official  in  charge  of 
each  of  their  manors. 

But  the  manor  was  not  only  a  territorial  and  agricultural  organization,  it  was 
also  a  political  or  legal  body,  a  unit  of  jurisdiction.  The  same  lord  of  the  manor 
who  held  the  demesne  lands  and  received  rents  and  agricultural  services  from  the 
tenants,  usually  possessed  also  rights  of  jurisdiction  over  them.  The  court  leet, 
court  baron,  customary  court,  and  view  of  frank-pledge  all  habitually,  if  not  necessar- 
ily, had  the  single  manor  as  their  sphere  of  action.  The  lord  also  had  the  power, 
usually,  to  impose  tallages  or  aids  upon  his  servile  tenants  at  least.  The  inhabi- 
tants were  therefore  bound  together  into  a  single  social  group  by  this  quasi-political 
subjection  to  the  lord  of  the  manor,  no  less  than  by  the  nature  of  their  associative 
agriculture.  It  is  this  conception  and  existence  of  the  manor  as  a  separately  organ- 
ized group  of  people  that  gives  rise  to  the  expression  "the  custom  of  the  manor," 
which  occurs  everywhere  in  documents  connected  in  any  way  with  local  institutions 
as  it  dominated  everywhere  among  these  institutions.  Statements  of  this  custom 
of  the  manor,  records  of  the  daily  life,  and  indications  of  the  legal  relations  of  the  in- 
habitants of  the  country  districts  exist  in  remarkable  fullness  and  detail  in  the  rolls 
or  records  of  the  manor  courts.  These  met  at  frequent  intervals  under  the  steward 
or  other  representative  of  the  lord  of  the  manor,  and  attendance  was  a  general  re- 
quirement from  both  free  and  servile  tenants.  Soon  after  the  middle  of  the  13th 
century  the  proceedings  at  these  meetings  of  the  inhabitants  of  the  manor  began  to 
be  recorded,  and  for  thousands,  probably,  of  the  petty  rural  communities  such  rolls 
exist  or  have  existed,  rivalling  the  records  of  the  great  royal  courts  in  fullness,  and 
frequently  in  interest.  Usually  a  number  of  different  manors  were  in  the  pos- 
session of  one  person  or  corporation,  a  noljleman,  a  monastery,  a  college  of  the 
University.     The  steward  representing  this  lord  would  pass  from  one  manor  of  the 


A    DOMESDAY    MANOR.  3 

group  to  another  holding  a  court  at  each  and  having  the  proceedings  recorded  suc- 
cessively on  one  sheet  of  parchment  or  a  series  of  sheets  sewed  together  to  form  a 
roll.  Or  all  the  records  of  one  manor  would  be  preserved  on  one  roll,  all  those  of 
another  on  a  second  ;  in  either  case  the  rolls  remaining  in  the  custody  of  the  lord. 
The  manor  courts  were  occupied  with  a  great  variety  of  matters  ;  land  transfers, 
enforcement  of  the  rights  of  the  lord  and  of  the  custom  of  the  manor,  punishment 
of  offenses,  settlement  of  civil  disputes,  adoption  or  promulgation  of  local  statutes. 
Many  characteristics  of  mediaeval  society,  the  actual  status  of  the  villein  tenants, 
the  shadowy  distinctions  between  bond  and  free,  the  relations  of  both  to  the  lord 
of  the  manor,  are  to  be  discovered  from  these  records  rather  than  from  formal  legal 
treatises,  contemporary  though  they  be.  Theoretical  law  was  different  even  from 
the  practice  of  the  king's  courts,  far  more  so  from  the  actual  conditions  where  local 
custom  was  all  powerful. 

It  should  be  noted  that  in  addition  to  the  two  senses  already  discussed,  the 
word  majieriufn  sometimes  refers  to  the  actual  manor-house  or  principal  building 
of  the  manor,  occupied  regularly  or  occasionally  by  the  lord  of  the  manor,  when  it 
was  in  the  possession  of  an  individual,  or  by  some  official  if  it  was,  as  in  so  large  a 
number  of  cases,  held  by  some  corporation. 

Lastly,  the  manor  is  here  treated  entirely  from  the  point  of  view  of  its  internal  or- 
ganization. It  may  be  remarked  that  in  its  outward  relations  the  manor  was  in  many 
ways  the  unit  alike  of  the  early  national  organization  of  England  and  of  the  later 
feudal  system  superimposed  upon  it.  The  hundred  and  county  courts  had  their 
largest  element  in  the  representatives  from  each  manor  or  township  within  their 
borders  ;  the  territories  of  a  feudal  noble  or  a  monastery  consisted  of  such  and  such 
manors  ;  and  even  the  king  obtained  his  normal  revenue  from  his  income  as  lord  of 
a  vast  number  of  manors. 

Sme  typical  examples  of  each  of  the  classes  of  manorial  documents  described 
above  are  given  in  the  following  pages. 

I.  EXTENTS,  RENTALS,  OR  CUSTUMALS. 

I.       A  DOMESDAY  MANOR:  HECHAM,   ESSEX,  A.  D.    IO86. 
Domesday  Book,  II,  78  b. 

In  the  form  in  v/hich  the  Domesday  record  has  been  preserved,  the  entries 
are  arranged  under  each  county  by  landholders,  the  possessions  of  the  king  being 
named  and  described  first,  then  those  pf  the  lai-gest  landholder,  and  so  successively 
till  freeholders  are  reached  who  have  only  a  single  manor,  or  sometimes  only  land 
in  a  manor. 

Peter  de  Valence  holds  in  domain  Hecham,  which  Haldane  a 
freeman  held  in  the  time  of  King  Edward,  as  a  manor,  and  as  5  hides. 
There  have  always  been  2  ploughs  in  the  demesne,  4  ploughs  of  the 
men.  At  that  time  there  were  8  villeins,  now  10 ;  then  there  were  2 
bordars,  now  3;  at  both  times  4  servi,  woods  for  300  swine,  18  acres  of 
meadow.     Then  there  were  2  fish  ponds  and  a  half,  now  there  are  none. 


4  TRANSLATIONS    AND    REPRINTS. 

At  that  time  there  was  1  ox,  now  there  are  15  cattle  and  1  small  horse 
and  18  swine  and  2  hives  of  bees.  At  that  time  it  was  worth  60s.,  now 
4£.  10s.  When  he  received  this  manor  he  fonnd  only  1  ox  and  1 
planted  acre.  Of  those  5  hides  spoken  of  above,  one  was  held  in  the 
time  of  King  Ed^vard  by  2  freemen,  and  was  added  to  this  manor  in  the 
time  of  King  William.  It  w^as  worth  in  the  time  of  King  Edward  10s., 
now  22s.,  and  William  holds  this  from  Peter  de  Valence. 

2.   A  MANOR  OF  THE  ABBEY  OF  PETERBOROUGH,  ABOUT  A.  D.  II  25. 

Liber  Niger   Monasterii  Sancti  Petri  de  Burgo,  in  Chronicon  Petroburgense, 
Camden  Society,  pp.  160-161. 

The  Black  Book  of  Peterborough  abbey,  the  contents  of  which  have  been 
printed  as  an  appendix  to  the  Chronicle  of  that  abbey,  contains  the  oldest  manorial 
surveys,  next  to  Domesday  and  the  preceding  Saxon  documents.  The  date  of  its 
composition  lies  between  1125  and  1 128. 

In  Werminton  are  7  hides  at  the  taxation  of  the  kiag.  And  of 
this  land  20  full  villeins  and  29  half-villeins  hold  34  virgates  and  a 
half;  and  for  these  the  full  villeins  work  3  days  a  week  through  the 
year ;  and  the  half  tenants  as  much  as  corresponds  to  their  tenancies. 
And  all  these  men  have  16  plows,  and  they  plow  68  acres  and  a  halfl, 
and  besides  this  they  do  3  boonworks  with  their  plows,  and  they  ought  to 
bring  from  the  woods  34  wagon  loads  of  wood.  And  all  these  men  pay 
4£.  lis.  4d.  And  to  the  love  feast  of  St.  Peter  10  rams  and  400 
loaves  and  40  platters  and  34  hens  and  260  eggs.  And  there  are  8 
socmen  who  have  6  plows.  In  the  demesne  of  the  court  are  4  plows  of 
32  oxen  and  9  cows  and  5  calves,  and  1  riding  horse  and  129  sheep  and 
61  swine  and  1  draught-horse  and  1  colt.  And  there  is  1  mill  with  1 
virgate  of  land  and  6  acres  which  pays  60s.  and  500  eels.  And  Asce- 
lin  the  clerk  holds  the  church  with  2  virgates  of  land,  from  the  altar  of 
St.  Peter  of  Borough.  Robert,  son  of  Richard,  has  2  virgates  and  a 
half     In  this  vill  100  sheep  can  be  placed. 

3.       A    MANOR    OF     THE     HUNDRED    ROLLS,     A.    D.     1 279:       ALW^ALTON, 
HUNDRED  OF  NORMANCROSS,  COUNTY  OF  HUNTINGDON.    . 

Rotuli  Hundredorum,  II,  pp.  658-9. 

The  a]:)bot  of  Peterborough  holds  the  mauor  of  Alwalton  and  vill 
from  the  lord  king  directly ;  which  manor  and  vill  with  its  appurtenances 
the  lord  Edward,  formerly  king  of  Ejigland  gave  to  the  said  abbott  and 


EXTENT    OF    ALWALTON.  5 

convent  of  that  place  in  free,  pure,  and  perpetual  alms.  And  the  court 
of  the  said  manor  with  its  garden  contains  one  half  an  acre.  And  to  the 
whole  of  the  said  vill  of  Alwalton  belong  5  hides  and  a  half  and  1  vir- 
gate  of  land  and  a  half;  of  which  each  hide  contains  5  virgates  of  land 
and  each  virgate  contains  25  acres.  Of  these  hides  the  said  abbot  has 
in  demesne  1  hide  and  a  half  of  land  and  half  a  virgate,  which  contain 
as  above.  Likewise  he  has  there  8  acres  of  meadow.  Also  he  has  there 
separable  pasture  w^hich  contains  1  acre.  Likewise  he  has  there  three 
water  mills.  Likewise  he  has  there  a  common  fish  pond  with  a  fish-weir 
on  the  bank  of  the  Nene,  which  begins  at  Wildlake  and  extends  to  the 
mill  of  Newton  and  contains  in  length  2  leagues.  Likewise  he  has  there 
a  ferry  with  a  boat. 

Free  tenants.  Thomas  le  Boteler  holds  a  messuage  with  a  court 
yard  which  contains  1  rood,  and  3  acres  of  land,  by  charter,  paying 
thence  yearly  to  the  said  abbot  14s. 

Likewise  the  rector  of  the  church  of  Alwalton  holds  1  virgate  of 
land  with  its  appurtenances,  with  which  the  said  church  was  anciently 
endowed.  Likewise  the  said  rector  has  a  holding  the  tenant  of  which 
holds  1  rood  of  ground  by  paying  to  the  said  rector  yearly  12d. 

And  the  abbot  of  Peterborough  is  patron  of  the  church. 

Villeins.  Hugh  Miller  holds  1  virgate  of  land  in  villenage  by 
paying  thence  to  the  said  abbot  3s.  Id.  Likewise  the  same  Hugh  works 
through  the  whole  year  except  1  week  at  Christmas,  1  week  at  Easter, 
and  1  at  Whitsuntide,  that  is  in  each  week  3  days,  each  day  with  1 
man,  and  in  autumn  each  day  with  2  men,  performing  the  said  works  at 
the  will  of  the  said  abbot  as  in  plowing  and  other  work.  Likewise  he 
gives  1  bushel  of  wheat  for  benseed  and  18  sheaves  of  oats  for  foddercorn. 
Likewise  he  gives  3  hens  and  1  cock  yearly  and  5  eggs  at  Easter.  Like- 
wise he  does  carrying  to  Peterborough  and  to  Jakele  and  no  where  else, 
at  the  will  of  the  said  abbot.  Likewise  if  he  sells  a  brood  mare  in  his 
court  yard  for  10s.  or  more,  he  shall  give  to  the  said  abbot  4d.,  and  if 
for  less  he  shall  give  nothing  to  the  aforesaid.  He  gives  also  merchet  ^ 
and  heriot,  and  is  tallaged  at  the  feast  of  St.  Michael,  at  the  will  of  the 


^  Merchet,  from  Latin  maritagiuin,  was  a  payment  collected  by  the  lord  of  the 
manor,  usually  from  the  father  of  a  girl  on  her  marriage,  but  also  frequently  from 
widows  remarrying,  and  even  from  men  of  villein  status  on  their  marriage.  The 
payment  of  merchet  was  one  of  the  most  constant  tests  of  villenage.  See  Sel.  PI. 
in  Manorial  Courts.,  Selden  Soc.  I.  94. 


6  TEANSLATIONS    AND    REPRINTS. 

said  abbot.  There  are  also  there  17  other  villeins,  viz.  John  of 
Ganesoupe,  Robert  son  of  Walter,  Ralph  son  of  the  reeve,  Emma  ate 
Pertre,  William  son  of  Reginald,  Thomas  son  of  Gunuilda,  Eda  widow 
of  Ralph,  Ralph  Reeve,  William  Reeve,  William  son  of  William  Reeve, 
Thomas  Flegg,  Henry  Abbott,  William  Hereward,  Serle  son  of  William 
Reeve,  Walter  Palmer,  William  Abbot,  Henry  Serle ;  each  of  whom 
holds  1  virgate  of  land  in  villenage,  paying  and  doing  in  all  things, 
each  for  himself,  to  the  said  abbot  yearly  just  as  the  said  Hugh  Miller. 
There  are  also  5  other  villeins,  viz.  Simon  Mariot,  Robert  of  Hastone, 
Thomas  Smith,  John  Mustard,  and  William  Carter,  each  of  whom 
holds  half  a  virgate  of  land  by  paying  and  doing  in  all  things  half  of 
the  whole  service  which  Hugh  Miller  pays  and  does. 

Cotters.  Henry,  son  of  the  miller,  holds  a  cottage  with  a  croft 
which  contains  1  rood,  paying  thence  yearly  to  the  said  abbot  2s. 
Likewise  he  works  for  3  days  in  carrying  hay  and  in  other  works  at  the 
will  of  the  said  abbot,  each  day  with  1  man  and  in  autumn  1  day  in 
cutting  grain  with  1  man. 

Likewise  Ralph  Miller  holds  a  cottage  with  a  croft  which  contains 
a  rood,  paying  to  the  said  abbot  2s.;  and  he  works  just  as  the  said  Henry. 

Likewise  William  Arnold  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  2d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Hugh  Day  holds  a  cottage  with  a  croft  which  contains  1 
rood,  paying  to  the  abbot  8d.;  and  he  w^orks  just  as  the  said  Henry. 

Likewise  Sara,  widow  of  Matthew  Miller,  holds  a  cottage  and  a 
croft  which  contains  half  a  rood,  paying  to  the  said  abbot  4d.;  and  she 
works  just  as  the  said  Henry. 

Likewise  Sara,  widow  of  William  Miller,  holds  a  cottage  and  a 
croft  which  contains  half  a  rood,  paying  to  the  abbot  4d.;  and  she  works 
just  as  the  said  Henry. 

Likewise  William  Kendale  holds  a  cottage  and  a  croft  which  con- 
tains 1  rood,  paying  to  the  abbot  8d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Agnes  the  widow  holds  a  cottage  with  a  croft  which  con- 
tains 1  rood,  paying  thence  yearly  12d.;  and  she  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Note  holds  a  cottage  and  croft  which  contains 
half  a  rood;  paying  yearly  8d.;  and  he  works  just  as  the  said  Henry. 


EXTENT    OF    ALWALTON.  7 

Likewise  Beatrice  the  widow  holds  a  cottage  and  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  she  works  just  as  the 
said  Henry. 

Likewise  Henry  of  Aylingtone  holds  a  cottage  with  a  croft  which 
contains  half  a  rood,  and  1  acre  of  land,  paying  to  the  abbot  2s.  8d. ;  and 
he  works  j  list  as  the  said  Henry. 

Likewise  Benedict  Atelane  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Baker  holds  a  toft  and  croft,  and  it  contains  half 
a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said  Henry. 

Likewise  Robert  Prenk  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  said  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Roger  Doket  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Geoffrey  Drake  holds  a  cottage  with  a  croft  which  contains 
half  a  rood,  paying  to  the  abbot  4d.;  and  he  works  just  as  the  said 
Henry. 

Likewise  Sara  the  widow  holds  a  cottage  with  a  croft  which  con- 
tains a  rood,  and  a  half  acre  of  land,  paying  to  the  abbot  8d.;  and  she 
works  just  as  the  said  Henry. 

Likewise  William  Drake  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  6d.;  and  he  works  just  as  the  said 
Henry. 

There  are  there  also  6  other  cotters,  viz.  William  Drake  Jr., 
Amycia  the  widow,  Alice  the  widow,  Robert  son  of  Eda,  William  Pep- 
per, William  Coleman,  each  of  whom  holds  a  cottage  with  a  croft  which 
contains  half  a  rood,  paying  and  doing  in  all  things,  each  for  himself, 
just  as  the  said  William  Drake. 

Likewise  William  Russel  holds  a  cottage  with  a  croft  which  con- 
tains half  a  rood,  paying  to  the  abbot  8d.;  and  he  works  in  all  things  just 
as  the  said  Henry  Miller. 

There  are  moreover  there  5  other  cotters,  viz.  Walter  Pestel,  Ralph 
Shepherd,  Henry  Abbot,  Matilda  Tut,  Jordan  Mustard,  each  of  whom 
holds  a  cottage  with  a  croft  which  contains  half  a  rood,  paying  thence 
and  doing  in  all  things  to  the  said  abbot  just  as  the  said  William  Russel. 


8  TRANSLATIONS    AND    REPRINTS. 

Likewise  Beatrice  of  Hampton  holds  a  cottage  and  croft  vrhich  con- 
tains 1  rood,  paying  to  the  abbot  12d.;  and  she  works  in  all  things  just 
as  the  said  Henry. 

Likewise  Hugh  Miller  holds  3  acres  of  land  paying  to  the  abbot 
42d. 

Likewise  Thomas,  son  of  Richard,  holds  a  cottage  with  a  croft 
Vvdiich  contains  half  a  rood,  and  3  acres  of  land,  paying  to  the  abbot  4s. 
and  he  w^orks  just  as  the  said  Henry. 

Likewise  Ralph  Reeve  holds  a  cottage  with  a  croft  which  contains 
1  rood,  and  1  acre  of  land,  paying  to  the  abbot  2s.;  and  he  w^orks  just 
as  the  said  Henry. 

Likewise  each  of  the  said  cottagers,  except  the  widow^s,  gives  yearly 
after  Christmas  a  penny  which  is  called  head-penny. 

4.       EXTENT  OF  THE  MANOR  OF  BERNEHORNE,  SUSSEX.   A.  D.    I307. 
Custumals  of  Battle  Abbey,  Camden  Society,  pp.  17-22. 

Extent  of  the  manor  of  Bernehorne,  made  on  Wednesday  next  after 
the  feast  of  St.  Gregory  the  Pope,  in  the  thirty-fifth  year  of  the  reign  of 
King  Edward,  in  the  presence  of  Brother  Thomas,  keeper  of  Marley, 
John  de  la  More,  and  Adam  de  Thruhlegh,  clerks,  on  the  oath  of 
William  de  Gocecoumbe,  Walter  le  Parker,  Richard  le  Knyst,  Richard 
the  son  of  the  latter,  Andrew  of  Estone,  Stephen  Morsprich,  Thomas 
Brembel,  William  de  Sw^nham,  John  PolLird,  Roger  le  Glide,  John 
Syward  and  John  de  Lillingewist,  who  say  etc.,  that  there  are  there 
all  the  following  things : 

The  jurors  say  that  the  principal  messuage  and  its  garden  w^ith  the 
herbage  and  curtilage  are  worth  yearly  6s.  8d. ;  and  the  dovecote  is  w^orth 
yearly  5s.;  and  the  windmill  is  worth  yearly  20s. 

And  there  are  there  12  acres  of  thick  undergrow^th  whence  the 
pannage  and  herbage  are  worth  yearly  2s. 

And  there  are  there  42  acres  of  maritime^  land  in  a  certain  place 
called  Scotsmarsh,  each  acre  of  which  is  worth  yearly  12d.,  the  sum 
being  42s. 

And  there  are  there  7  acres  and  1  rood  of  maritime  land  in  a  cer- 
tain place  called  Aldithewisse ;  and  47  acres  and  3  roods  of  maritime 


'  Apparently  land  which  was  close  to  the  salt  marsh  but  yet  capable  of  being 
cultivated,  since  agricultural  services  of  the  villein  tenants  are  mentioned  subse- 
quently. 


EXTENT    OF    BERNEHORNE.  9 

land  in  a  certain  place  called  Flittermarsh,  each  acre  of  which  is  worth 
yearly  12d.  the  sum  being  55s. 

And  there  are  there  22  acres  of  maritime  land  in  two  places  called 
Pundfold  and  Longrech ;  and  7  acres  of  maritime  land  in  a  certain  place 
called  Wyssh,  and  8  acres  and  3  roods  of  maritime  land  in  a  certain 
place  called  Upcroft  marsh,  and  3  acres  and  a  half  of  maritime  land  in 
a  certain  place  called  Redewysshe;  and  each  acre  is  worth  yearly  12d.: 
the  sum  being  41s.  3d. 

And  there  are  there  19  acres,  1  rood  of  maritime  land  in  a  certain 
place  called  Berghamsmarsh,  and  7  acres  in  a  certain  place  called 
Pammarsh,  and  3  acres  and  1  rood  of  maritime  land  beyond  the  wall 
of  Flittermarsh  and  Longreche  ;  and  each  acre  is  worth  yearly  12d.:  the 
sum  being  29s.  6d. 

And  there  are  there  15  acres  of  marshy  land  in  a  certain  place  called 
Swynhamme  and  66  acres  of  marshy  land  in  a  certain  place  called  Hoo- 
brokes,  each  acre  of  which  is  worth  now  4d.  a  year ;  and  the  foresaid 
marshy  lands,  if  they  should  be  properly  drained  wall  be  worth  lOd.  per 
acre  yearly ;  the  sum  being  4£.  4s.  2d. 

And  there  are  there  18  acres  of  waste  land  in  the  fields  called 
Welleland  and  Hammes,  and  21  acres  of  land  in  the  fields  called  Panden 
and  Panylond,  each  acre  of  which  is  worth  yearly  6d. :  the  sum  being 
19s.  6d.  ' 

And  there  are  there  24  ^  acres  in  the  field  of  Berghamme,  and  each 
acre  is  worth  yearly  6d.:  the  sum  being  12s.  3d. 

And  there  are  there  34  acres  of  land  in  a  certain  place  called 
Swynhamme,  and  56  acres  of  land  in  a  certain  field  called  Hoolonde,  of 
which  each  acre  is  worth  yearly  3d.  and  the  sum  is  22s,  6d. 

And  there  are  there  30 ^  acres  of  land  in  the  fields  called  Eldeton 
and  Furneyslland,  and  12  acres  of  land  in  the  fields  called  Pleme  and 
Schebbecroft  and  Robertsmarsh,  and  each  acre  is  worth  yearly  3d.;  the 
sum  being  10s.  7M. 

And  there  are  there  6  acres  and  1  rood  of  meadow  in  a  certain 
place  called  Hoolonde,  and  6  acres  of  meadow  in  a  certain  place  called 
Robertsmarsh,  and  1  acre  of  meadow  near  Robertswood,  otherwise  called 
Rokeswood,  each  acre  of  which  is  worth  18d.  a  year ;  and  the  sum  is  19s. 
lOM. 

The  total  of  the  acres  of  woods  is  12  acres. 

The  total  of  the  acres  of  arable  land  is  444  acres  and  3  roods,  of 


lO  TRANSLATIONS    AND   REPRINTS. 

which  147  acres  4  roods  are  maritime  land,  101  acres  marshy  land,  and 
180  acres  waste  ground. 

The  total  of  the  acres  of  meadow  is  1 3  acres  1  rood. 
The  total  of  the  whole  preceding  extent  18£.  10s.  4d. 

John  Pollard  holds  a  half  acre  in  Aldithewisse  and  owes  18d.  at 
the  four  terms,  and  owes  from  it  relief  and  heriot. 

John  Suthinton  holds  a  house  and  40  acres  of  land  and  owes  3s. 
6d.  at  Easter  and  Michaelmas. 

William  of  Swynhamme  holds  1  acre  of  meadow  in  the  thicket  of 
Swynhamme  and  owes  Id.  at  the  feast  of  Michaelmas. 

Ralph  of  Leybourne  holds  a  cottage  and  1  acre  of  land  in  Pinden 
and  owes  3s.  at  Easter  and  Michaelmas,  and  attendance  at  the  court  in 
the  manor  every  three  weeks,  relief  and  heriot. 

Richard  Knyst  of  Swynhamme  holds  2  acres  and  a  half  of  land  and 
owes  yearly  4s. 

William  at  Knelle  holds  2  acres  of  land  in  ALdithewisse  and  owes 
yearly  4s. 

Roger  le  Glede  holds  a  cottage  and  3  roods  of  land  and  owes  2s.  6d. 
at  Easter  and  Michaelmas. 

Alexander  Hamound  holds  a  little  piece  of  land  near  Aldewisse  and 
owes  1  goose,  of  the  value  of  2d. 

The  sum  of  the  whole  rent  of  the  free  tenants,  with  the  value  of  the 
goose,  is  18s.  9d. 

They  say  moreover  that  John  of  Cayworth  holds  a  house  and  30 
acres  of  land,  and  owes  yearly  2s.  at  Easter  and  Michaelmas ;  and  he 
owes  a  cock  and  two  hens  at  Christmas,  of  the  value  of  4d. 

And  he  ought  to  harrow  for  2  days  at  the  Lenten  sow^ing  with  one 
man  and  his  own  horse  and  his  own  harrow,  the  value  of  the  work  being 
4d. ;  and  he  is  to  receive  from  the  lord  on  each  day  3  meals,  of  the 
value  of  5d.,  and  then  the  lord  will  be  at  a  loss  of  Id.  Thus  his  harrow- 
ing is  of  no  value  to  the  service  of  the  lord. 

And  he  ought  to  carry  the  manure  of  the  lord  for  2  days  with 
one  cart,  with  his  own  2  oxen,  the  value  of  the  work  being  8d. :  and 
he  is  to  receive  from  the  lord  each  day  3  meals  of  the  price  as  above. 
And  thus  the  service  is  worth  3d.  clear. 

And  he  shall  find  one  man  for  2  days  for  mowing  the  meadow  of 
the  lord,  who  can  mow,  by  estimation  1  acre  and  a  half,  the  value  of  the 


EXTENT    OF    BERNEHORNE.  II 

mowing  of  an  acre  being  6d.:  the  sum  is  therefore  9(1.  and  he  is  to 
receive  each  day  3  meals  of  the  value  given  above ;  and  thus  that  mow- 
ing is  worth  4d.  clear. 

And  he  ought  to  gather  and  carry  that  same  hay  which  he  has  cut, 
the  price  of  the  work  being  3d. 

And  he  shall  have  from  the  lord  2  meals  for  1  man,  of  the  value  of 
IJd.     Thus  the  work  wall  be  worth  lid.  clear. 

And  he  ought  to  carry  the  hay  of  the  lord  for  1  day  with  a  cart 
and  3  animals  of  his  own,  the  price  of  the  work  being  6d.  And  he  shall 
have  from  the  lord  3  meals  of  the  value  of  2  Jd.  And  thus  the  work  is 
w^orth  35d.  clear. 

And  he  ought  to  carry  in  autumn  beans  or  oats  for  2  days  with  a 
cart  and  3  animals  of  his  own,  the  value  of  a  work  being  12d.  And 
he  shall  receive  from  the  lord  each  day  3  meals  of  the  value  given 
above  :  and  thus  the  work  is  worth  7d.  clear. 

And  he  ought  to  carry  wood  from  the  woods  of  the  lord  as  far  as 
the  manor^  for  two  days  in  summer  wdth  a  cart  and  three  animals  of  his 
own  the  value  of  the  work  being  9d.  And  he  shall  receive  from  the 
lord  each  day  3  meals  of  the  price  given  above,  and  thus  the  work  is 
worth  4d.  clear. 

And  he  ought  to  find  1  man  for  2  days  to  cut  heath,  the  value  of 
the  work  being  4d.  and  he  shall  have  3  meals  each  day  of  the  value 
given  above ;  and  thus  the  lord  will  lose,  if  he  receives  the  service,  3d. 
Thus  that  mowing  is  w^orth  nothing  to  the  service  of  the  lord. 

And  he  ought  to  carry  the  heath  which  he  has  cut,  the  value  of  the 
work  being  5d.  And  he  shall  receive  from  the  lord  3  meals  at  the  price 
of  2*d.     And  thus  the  work  will  be  w^orth  2^d.  clear. 

And  he  ought  to  carry  to  Battle  tw^ice  in  the  summer  season,  each 
time  half  a  load  of  grain,  the  value  of  the  service  being  4d.  And  he 
shall  receive  in  the  manor  each  time  1  meal  of  the  value  of  2d.  And 
thus  the  work  is  worth  2d.  clear. 

The  total  of  the  rents,  with  the  value  of  the  hens  is  2s.  4d. 

The  total  of  the  value  of  the  works  is  2s.  32d-;  owed  from  the  said 
John  yearly. 

William  of  Cayworth  holds  a  house  and  30  acres  of  land  and  owes 
at  Easter  and  Michaelmas  2s.  rent.  And  he  shall  do  all  customs  just  as 
the  foresaid  John  of  Cayworth. 


^  i.  e.,  the  manor-house. 


12  TRANSLATIONS    AND    REPRINTS. 

William  atte  Grene  holds  a  house  and  30  acres  of  land  and  owes  in 
all  things  just  as  the  said  John. 

Alan  atte  Felde  holds  a  house  and  16  acres  of  land,  (for  which 
the  sergeant  pays  to  the  court  of  Bixley  2s.)  ^  and  he  owes  at  Easter  and 
Michaelmas  4s.,  attendance  at  the  manor  court,  relief  and  heriot. 

John  Lyllingwyst  holds  a  house  and  4  acres  of  land  and  owes  at  the 
two  terms  2s.,  attendance  at  the  manor  court,  relief  and  heriot. 

The  same  John  holds  one  acre  of  land  in  the  fields  of  Hoo  and  owes 
at  the  two  periods  2s.,  attendance,  relief  and  heriot. 

Reginald  atte  Denne  holds  a  house  and  18  acres  of  land  and  owes  at 
the  said  periods  18d.,  attendance,  relief  and  heriot. 

Robert  of  Northehou  holds  3  acres  of  land  at  Saltcote  and  owes  at 
the  said  periods  attendance,  relief  and  heriot. 

Total  of  the  rents  of  the  villeins,  with  the  value  of  the  hens,  20s. 
Total  of  all  the  works  of  these  three  villeins,  6s.  lOid. 

And  it  is  to  be  noted  that  none  of  the  above  named  villeins  can  give 
their  daughters  in  marriage  nor  cause  their  sons  to  be  tonsured,^  nor  can 
they  cut  down  timber  growing  on  the  lands  they  hold,  without  license  of 
the  bailiff  or  sergeant  of  the  lord,  and  then  for  building  purposes  and 
not  otherwise.  And  after  the  death  of  any  one  of  the  foresaid  villein 
the  lord  shall  have  as  a  heriot  his  best  animal,  if  he  had  any  ;  if  however 
he  have  no  living  beast  the  lord  shall  have  no  heriot,  as  they  say. 
The  sons  or  daughters  of  the  foresaid  villeins  shall  give  for  entrance  into 
the  holding  after  the  death  of  their  predecessors  as  much  as  they  give  of 
rent  per  year. 

Silvester  the  priest  holds  1  acre  of  meadow  adjacent  to  his  house, 
and  owes  yearly  3s. 

Total  of  the  rent  of  tenants  for  life,  3s. 

Petronilla  atte  Holme  holds  a  cottage  and  a  piece  of  land  and 
owes  at  Easter  and  Michaelmas  .  .  ;  attendance,  relief,  and  heriot. 

Walter  Herying  holds  a  cottage  and  a  piece  of  land  and  owes  at 
Easter  and  Michaelmas  18d.,  attendance,  relief,  and  heriot. 


1  Bixley  was  a  neigboring  manor,  held  by  the  Bishop  of  Chichester,  having  cer- 
tain claims  over  some  of  the  land  in  the  manor  of  Bernehorne. 

''That  is  to  let  them  enter  the  clergy.  This  w^as  not  only  a  common  prohibition 
according  to  the  custom  of  many  manors  but  was  enacted  in  statute  law.  "Sons  of 
rustics  ought  not  to  be  ordained  without  the  assent  of  the  lord  on  whose  land  they 
are  known  to  have  been  born."    Constitutions  of  Clarendon,  c.  i6.     (A.  D.  1164), 


EXTENT    OF    BERNEHORNE.  I 3 

Isabella  Mariner  holds  a  cottage  and  owes  at  the  feast  of  St.  Mi- 
chael 12d.,  attendance,  relief,  and  heriot. 

Jordan  atte  Melle  holds  a  cottage  and  1  acre  of  land  and  a  half 
and  owes  at  Easter  and  Michaelmas  2s.,  attendance,  relief,  and  heriot. 

William  of  Batelesmere  holds  1  acre  of  land  with  a  cottage  and 
owes  at  the  feast  of  St.  Michael  3d.,  and  1  cock  and  1  hen  at  Christmas, 
of  the  value  of  3d.,  attendance,  relief,  and  heriot. 

John  le  Man  holds  half  an  acre  of  land  with  a  cottage,  and  owes 
at  the  feast  of  St.  Michael  2s.,  attendance,  relief,  and  heriot. 

John  Werthe  holds  1  rood  of  land  with  a  cottage  and  owes  at  the 
said  term  18d.,  attendance,  relief,  and  heriot. 

Geoffrey  Caumbreis  holds  half  an  acre  and  a  cottage  and  owes  at 
the  said  term  18d.,  attendance,  relief,  heriot. 

William  Hassok  holds  1  rood  of  land  and  a  cottage  and  ow^es  at 
the  said  term  18d.,  attendance,  relief,  and  heriot. 

The  same  man  holds  3i  acres  of  land  and  owes  yearly  at  the  feast 
of  St.  Michael  3s.  for  all. 

Koger  Doget  holds  half  an  acre  of  land  and  a  cottage  w^hich  were 
those  of  K.  the  miller,  and  owes  at  the  feast  of  St.  Michael  18d.,  attend- 
ance, relief,  and  heriot. 

Thomas  le  Brod  holds  1  acre  and  a  cottage  and  owes  at  the  said 
term  3s.,  attendance,  relief,  and  heriot. 

Agnes  of  Cayw^orth  holds  a  half  acre  and  a  cottage  and  owes  at  the 
said  term  18d.,  attendance,  relief,  and  heriot. 

Agnes  of  Badlesmere  holds  1  acre  of  land  and  a  cottage  and  owes 
at  the  said  term  3s.,  attendance,  relief,  and  heriot. 

William  atte  Whaunne  holds  one  acre  of  land  and  ow^es  at  Easter 
and  Michaelmas  2s.,  and  relief. 

Total  of  the  rents  of  the  said  cottagers,  with  the  value  of  the  hens 
34s.  6d. 

And  it  is  to  be  noted  that  all  the  said  cottagers  shall  do  as  regards 
giving  their  daughters  in  marriage,    having  their  sons  tonsured,    cut- 
ting  down  timber,    paying  heriot,   and  giving   fines  for  entrance  just 
as  John  of  Cayworth  and  the  rest  of  the  villeins  formerly  mentioned. 
Note,  fines  ^  and  penalties,  with  heriots  and  reliefs  are  worth  yearly  5s. 


^  A  "fine"  was  a  payment  made  to  the  lord  by  anyone  who  acquired  land  in  the 
manor  in  any  other  way  than  by  inheritance,  in  which  case  the  payment  was  relief. 
The  usual  word  for  a  penalty  was  "amerciament,"  or  it  was  recorded  that  a  person 
was  "in  mercy." 


14  TRANSLATIONS    AND    REPRINTS. 

11.     YEARLY     ACCOUIS^T     OF     MANOR     OF     CUXHAM, 

A.D.  1316-17. 

Rogers  :  .History  of  Agriculture  and  Prices  in  England,  II,  617-622. 

Compotus  of  Robert  OldmaD,  reeve  of  Cuxham,  from  the  morrow 
of  St.  James,  in  the  10th  year  of  the  reign  of  king  Edward,  to  the  mor- 
row of  St.  James  in  the  next  following  year,  that  is  the  beginning  of  the 
11th  year  of  the  reign  of  king  Edward. 

Arrearages.  He  is  charged  with  6£.  19id.  of  arrearages  from 
the  preceding  account.  Total  6£.  19  2  d. 

Rents  of  Assize.  He  is  charged  with  13s.  Id.  of  rent  of  the 
period  of  St.  Michael;  and  with  llfd.  from  the  foldage  of  the  animals 
at  the  feast  of  St.  Martin;  and  with  6s.  l^d.  of  rent  of  the  period  of  St- 

Thomas for  the  same ;  and  with  5s.  1  id.  at  the  period  of 

St.  John;  and  with  18d.  of  new  rent  for  1  acre  of  land  granted  to  Rob- 
ert Taylor.  Total  38s.  lOfd. 

Rent.  He  is  charged  with  40s.  of  rent  of  the  water  mill :  and 
with  13s.  4d.  of  yearly  rent  of  the  fulling  mill.  Total  53s.  4d. 

Sale  of  Wheat.  He  is  charged  with  4£.  16s.  for  6  quarters  of 
wheat  sold  Thursday  next  before  the  first  of  August,  at  16s.  a  quarter  : 
and  with  lOd.  for  1  bushel  of  wheat  sold  in  the  autumn  to  William 
Walderugge  because  the  keeper  granted  this  to  him :  and  with  6£.  6s. 
for  9  quarters  of  wheat  sold  before  the  feast  of  All  Saints  at  14s.  a 
quarter.  And  with  4£.  1 6s.  for  6  quarters  of  wheat  sold  on  the  Thurs- 
day next  before  the  feast  of  St.  Michael,  at  16s.  a  quarter. 

Total  15£.  18s.  lOd. 

Sale  of  Peas  and  Oats.  He  is  charged  with  24s.  for  2  quarters 
and  2  bushels  of  peas  sold,  at  10s.  8d.  a  quarter.  And  with  8s.  8d.  for 
1  quarter  and  5  bushels  of  oats  sold,  at  5s.  4d.  a  quarter.     Total  32s.  8d. 

Sale  of  Malt.  He  is  charged  with  17s.  6d.  for  one  quarter  and 
22  bushels  of  malted  barley  sold,  at  13s.  4d.  a  quarter.  And  with  16s. 
3d.  for  1  quarter  and  5  bushels  of  malted  drage  sold,  at  10s.  a  quarter. 

Total  33s.  9d. 

Sale  of  Animals.  He  is  charged  with  15s.  for  1  work  horse 
sold:  and  with  40s.  for  4  oxen  sold :  and  with  12s.  for  1  cow  sold  in  the 
autumn  because  she  was  barren:  and  with  lis.  for  1  cow  sold  because 
she  was  barren :  and  with  8s.  for  1  cow  sold  because  she  was  weak  and 
old :  and  with  4s.  6d.  for  1  young  bull  sold  because  he  was  weak :  and 
with  lis.  Id.  for  7  calves  sold,  the  price  of  each  being  19d.;  and  with 
18d.  for  2  sheep  sold  in  winter  before  the  shearing  because  they  were 


COMPOTUS    ROLL    OF    CUXHAM. 


15 


weak:  and  with  5s.  llkl.  for  13  geese,  the  price  of  each  goose  being 
dU].:  and  with  lis.  Id.  for  4  score  of  pigeons  sold.     Total  7£.  17s.  lod. 

Products  of  the  Manor.  He  is  charged  with  9d.  for  swine 
rnnning  in  the  stubble  in  the  autumn,  as  shown  in  the  items :  and  with 
did.  for  sheepskins  sold:  and  with  2s.  6d.  for  works  of  Richard  Est  sold 
in  the  winter:  and  with  2s.  6d.  for  works  of  Adam  Brian  sold  in  the 
winter:  and  with  lod.  for  works  of  Joanna  Bonecherche  sold  in  the 
winter:  and  wdth  2s.  for  1  perna  of  bacon  :  and  with  12d.  for  peas-straw 
sold:  and  w^ith  lis.  3d.  of  present  bread  of  the  customary  tenants  sold  at 
the  feast  of  Christmas:  and  with  ISJd.  for  308  eggs  sold,  viz.,  16  for  Id.: 
and  with  33s.  for  5-i  stone  of  wool  sold,  the  price  of  a  stone  being  6s., 
that  is  the  stone  weighing  16  lbs.  and  containing  42  fleeces. 

Total  47s.  3d. 

Products  of  the  Dairy.  He  is  charged  with  5s.  8d.  for  17 
cheeses  of  the  fourth  form  sold,  the  price  of  each  4d.:  and  with  18s.  3d. 
for  73  cheeses  of  the  third  form  sold,  the  price  of  each  3d.:  and  with  4s. 
lOd.  for  29  cheeses  of  the  second  form  sold,  the  price  of  each  2d.:  and 
with  6d.  for  6  cheeses  of  little  form  sold  :  and  with  22d.  for  milk  sold 
from  the  Thursday  next  after  the  feast  of  St.  Thomas  the  Apostle  to  the 
morrow  of  the  Annunciation  of  the  Blessed  Mary :  and  with  3s.  Id. 
for  butter  sold  in  autumn  and  in  winter :  and  6d.  for  milk  sold  between 
the  feast  of  the  Annunciation  and  the  Thursday  next  after  the  feast  of 
St.  John  before  the  Latin  Gate :  and  with  lOd.  for  5  cheeses  of  the  second 
form  sold  within  this  year  :  and  with  12d.  for  butter  sold  in  summer,  and 
not  more  because  3  J  jars  of  butter  have  been  sent  to  Oxford. 

Total  36s.  6d. 

Fines  of  Land  and  Heriot.  He  is  charged  with  40s.  from 
Thomas  Canon  as  a  fine  for  the  land  which  was  Adam  atte  Hethe's : 
and  with  30s.  from  William  Burdon  as  a  fine  for  the  land  which  was 
Bobert  Wyte's :  and  2s.  for  a  copper  pot  coming  as  a  heriot  from  Adam 
atte  Hethe,  which  was  sold.  Total  72s. 

Pleas  and  Perquisites.  He  is  charged  with  3s.  7d.  of  perquisites 
of  the  court  held  Wednesday  next  after  the  feast  of  St.  Mary  Magdalen. 

Total  3s.  7d. 

Outside  Receipts.  He  is  charged  with  12d.  of  perquisites  of  the 
court  of  Ibestane  held  Thursday  next  after  the  feast  of  St.  Mary  Mag- 
dalen :  and  for  13s.  4d.  received  from  John,  son  of  John  Coleman,  as  a 
fine  for  the  land  which  belonged  to  John  the  Wyte  of  Ibestane :  and 
with  13s.  4d.  received  from  Amisia,   daughter  of  John  Coleman,   as  a 


1 6  TRANSI^TIONS    AND    REPRINTS. 

fine  for  the  land  which  belonged  to  John  the  Baker  of  Ibestane :  and 
with  37s.  6d.  for  51  skins  of  wool  sold  in  the  past  year  which  weighed 
5  stones,  viz.,  the  stone  being  16  lbs.,  the  price  of  a  stone  being  5s.  6d. 

Total  56s.  lOd. 
Total  of  all  the  receipts  with  arrearages  48£.  17s.  44d. 

EXPENSES. 

Quittances  of  his  own  rent.  In  quittance  of  his  own 
rent  of  Waterilond  Id.:  and  for  present  bread  2d.:  and  for  saltsilver 
*d.  Total  3id. 

Cost  of  the  plows.  For  6  pieces  of  steel  bought  for  the  plows 
5s.  lOd.:  for  3  pieces  of  steel  bought  for  the  same  3s.  7d.:  for  1  piece  of 
steel  bought  15d.:  for  6  wheels  bought  18d.;  for  poles  bought  for  the 
third  plow  2 id,:  for  the  wages  of  the  blacksmith  for  repairing  the 
plowshares  between  the  feast  of  St.  James  and  the  feast  of  St.  MichaoL 
2s.:  for  shoeing  the  draught  horses  in  the  same  period  18 2d.  Likewise 
in  payment  of  the  blacksmith  for  the  repair  of  the  plowshares  between 
the  feast  of  St.  Michael  and  the  feast  of  St.  Thomas  the  Apostle  3s.:  for 
shoeing  the  draught  horses  during  the  same  time  18d.  In  payment  to 
the  blacksmith  for  mending  the  plowshares  between  the  feast  of  St. 
Thomas  and  the  feast  of  the  Annunciation  2s.  Id.:  for  shoeing  the 
draught  horses  during  the  same  time  16d.  Likewise  in  payment 
to  the  blacksmith  for  the  repair  of  the  plowshares  between  the  feast  of 
the  Annunciation  and  the  feast  of  St.  James,  4s.  6d.  For  shoeing 
the  draught  horses  during  the  same  time  17d.  For  4  horse-shoes 
bought,  16d.:  for  2  trees  for  timber  for  the  plows  3s.:  for  cutting  down 
and  hauling  the  same  4d.  Total  34s.  4d. 

Cost  of  the  carts.  For  17  clouts  bought,  21d.:  for  100  clout 
nails  bought,  2-2d.:  for  1  pair  of  packsaddles  and  3  collars  bought,  3s. 
For  1  pair  of  traces  bought,  6d.:  for  leather  bought  for  harness  12d.: 
for  olbs.  of  grease,  15d.,  at  3d.  per  pound:  for  1  pair  of  wheels  without 
tires  bought,  2s.  4d.:  for  1  rear  cord  bought,  Ikl:  for  the  shoeing  of  2 
cart-horses  between  the  feast  of  St.  James  and  the  feast  of  St.  Michael 
18d.:  and  the  feast  of  St.  Michael  and  the  feast  of  St.  Thomas  the 
Apostle  19d.:  and  between  the  feast  of  St.  Thomas  and  the  Annun- 
ciation 20d.  For  the  shoeing  of  3  cart-horses  from  the  feast  of  the  An- 
nunciation to  the  feast  of  St.  James  2s.  lid.  Total  17s.  3d. 

Small  necessary  Expenses.  For  2  hair  ropes  bought,  of 
which  one  was  of  6  fathoms  and  another  of  1 1  fathoms,  for  keeping  the 
draught  horses  in  the  pasture,  9d.:  for  iron  bought  at  Pyrtone  22s.:  for 


COMPOTUS    ROLL    OF    CUXHAM.  1 7 

irou  bought  from  Robert  Weyloiid  18cl.:  for  a  dish  for  meat  and  4  other 
dishes  because  it  was  autumn  4d.:  for  6  bushels  of  salt  bought,  12s.:  for 
3  bushels  of  salt  bought,  3s.  6d.:  for  the  custom  of  the  cotters  for  carry- 
ing the  fold  2d.:  for  7i  quarters  of  drage  bought  for  feeding  the  swine 
4s.  lOd.,  at  different  prices.  For  brushwood  bought  for  the  hearths  3s. 
6d.:  for  3  quarters  and  2  bushels  of  gleanings  bought  for  the  swine,  of 
which  5  bushels  were  sent  to  Oxford  8s.  8d.,  the  price  per  quarter  being 
2s.  8d. :  for  1  knife  bought  for  cutting  the  vegetables  for  the  servants : 
for  rods  bought  for  wattling  the  fold  8d.:  for  12  clouts  bought  for  the 
fold  2s.:  for  rods  bought  for  the  harrows  2Jd.:  for  fines  bought  18d.: 
given  for  the  tithe  of  7  calves  sold,  13 id.:  and  for  the  tithe  of  3  calves 
remaining  l-jd.:  and  for  the  tithe  of  1  lamb,  id.:  and  for  the  tithe  of  4 
skins  sold,  id.  For  milk  bought  for  the  lambs  42d.:  for  washing  and 
shearing  the  sheep,  6d.:  for  making  4  halters  of  horsehair  Id.:  for  ex- 
penses of  the  reeve  at  Henley  for  6  days,  selling  grain,  9d.:  for  the 
expenses  of  the  clerk  when  he  made  the  account  12d.:  for  parchment 
bought  for  the  account,  l^d.:  for  pasture  bought  at  Pyrtone,  18d.:  for  hay 
bought  for  next  year,  22s.  3d.  Total  4£.  9s.  8 id. 

Cost  of  the  Dairy.  For  rennet  bought,  6d.:  for  cloth  bought 
for  the  dairy,  3d.:  for  pots  bought,  3id.  Total  12H. 

Purchase  of  Grain.  For  2  quarters  and  2  bushels  of  oats 
bought  on  account  of  the  lack  of  threshing,  9s.,  the  price  of  a  quarter 
being  4s.:  for  5  bushels  of  vetches  bought,  7s.  6d.,  the  price  of  a  bushel 
being  18d.:  fori  quarter  of  barley  bought,  10s.  2d.  Total  26s.  8d. 

Purchase  of  Animals.  For  1  draught  horse  bought  on  St- 
James'  Day  22s.  6 id.:  for  1  draught  horse  bought  in  Easter  week  14s. 
4d.:  for  one  cow  bought  in  the  autumn,  before  calving,  lis.  Id. 

Total  45s.  ll*d. 

Cost  of  the  Buildings.  For  one  man  and  his  helper  hired  for 
22  days  to  put  a  roof  on  2  barns,  a  hay-mow,  and  the  kitchen,  lis.,  being 
6d.  a  day:  for  2  women  helping  them  for  10  days,  3s.,  being  2d.  a  day. 
For  1000  lath-nails  bought,  lid.:  for  poles  bought  for  prys,  6d.  For 
one  man  hired  for  4  days  to  roof  2  cottages  of  the  vill,  16d.,  at  4d.  a  day : 
for  poles  bought  for  prys,  2d.:  for  one  woman  helping  him  4d.  For  2 
quarters  of  lime  bought,  8d.  Total  17s.  lid. 

Cost  of  the  Mill.  For  timber  bought  to  renew  the  water  wheel 
of  the  mill:  for  nails  bought  for  the  same  6d.  Total  3s.  lOd. 

Threshing  and  Winnowing.  For  the  expenses  of  Peter  of 
Wantage  while  he  was  having  the  threshing  done,  5s.  2d. :  for  the  thresh- 


1 8  TRANSLATIONS    AND    REPRINTS. 

iiig  of  9  quarters  and  6  bushels  of  wheat  by  task,  before  the  feast  of  St. 
Michael,  3s.  3d.,  the  price  of  a  quarter  beiug  4d.:  for  3  bushels  of  wheat 
threshed,  at  task,  after  the  feast  of  St.  Michael,  9d.  For  the  winnow^- 
iiig  of  the  same  2d.,  because  the  dairyman  wiunow^ed  one-half.  For  the 
threshing  of  12  quarters  and  1  bushel  of  wheat  and  2^  quarters  of 
peas,  in  the  time  of  master  John  of  Tube,  3s.  7fd.,  the  price  of  a  quarter 
being  3d.:  for  winnowing  the  same  2^1.?  because  the  dairyman  winnowed 
one  half,  being  3  quarters  for  Id.  For  the  expenses  of  master  John  of 
Tube  wdiile  he  was  having  the  threshing  done,  7s.  4|d.,  besides  some 
wheat.  For  the  expenses  of  John  of  Odiham  while  he  was  having  the 
threshing  done,  22d.,  besides  some  of  the  produce  of  the  oats.  For  the 
expenses  of  master  Walter  of  Durton  while  he  was  having  the  thresh- 
ing done,  3s.  3vd,,  for  the  same  time.  For  the  expenses  of  master  John 
of  Crofton  while  he  was  having  the  threshing  done,  8d.,  besides  some 
of  the  wheat.  For  the  threshing  of  1  quarter  and  3  bushels  of  wheat  in 
the  time  of  Walter  of  Durton,  4 id.:  for  the  winnowing  of  the  same  1  far- 
thing. Total  27s.  6 id. 

Weeding  and  Mowing.  For  20  men  hired  for  8  days  to  pull 
bitter  weeds  and  cut  thistles  in  the  grain,  13s.  4d.,  a  penny  a  day  to  each 
one.  For  the  custom  of  the  mowers  for  medsipe,  for  hauling  hay  2d.: 
for  the  custom  of  12  cottagers  stacking  hay,  6d.  For  mowing  the  gar- 
den, 2s.  Id.  Total  16s.  7d. 

Autumn  Expenses.  For  reaping  33  acres  and  1  rood  of  wdieat, 
at  task,  22s.  lOd.,  during  the  time  of  master  William  Boliner,  the 
price  of  an  acre  being  8d.  For  reaping  44 1  acres  of  drage  and  oats  at 
task,  31s.  ^id.,  the  price  of  an  acre  being  7d.,  through  the  same  time. 
For  reaping  6  acres  of  drage  and  oats,  at  task,  3s.,  during  the 
same  time,  the  price  of  an  acre  being  6d.  For  the  expenses  of  master 
William  Boliner,  Peter  of  Wantage,  the  reeve,  hayward,  and  dairyman 
through  4  weeks  in  autumn,  and  at  the  coming  of  the  keeper  and  others 
who  came  after,  15s.  Id.,  through  the  same  time.  For  3  men  hired  at 
the  park  of  Pyrtone,  6d.  Total  73s.  2*d. 

Wages  of  Servants.  For  the  wages  of  2  hostlers  in  the  winter 
season,  4s.,  also  for  2  drivers,  3s.,  also  for  the  carter  2s.,  also  for  the 
shepherd  12d.,  and  not  more  because  he  kept  the  sheep  of  others;  also  to 
the  cowherd  in  winter,  12d.,  likewise  to  the  dairyman  12d.  For  the 
payment  to  the  clerk  who  drew  up  the  account,  2s.,  and  2s.  as  a  gratuity. 

Total  16s. 

Expenses  of  the  Steward.     For  the  expenses  of  the  steward 


COMPOTUS    ROLL    OF    CUXHAM.  1 9 

in  holding  the  courts  of  Ciixham  and  Ibstane  Monday  and  Tuesday 
next  after  the  feast  of  St.  Mary  Magdalen,  bread  from  the  store-room, 
for  ale  22d.,  for  meat  5d.  Total  2s.  3d. 

Expenses  of  the  Keeper.  For  the  expenses  of  the  keeper  on 
his  coming  from  London  on  the  morrow  of  St.  Frideswide's,  bread  from 
the  store-room.  For  ale,  4d.,  for  one  sheep  given  to  the  servants,  3d., 
and  to  the  baliff  of  the  king,  12d.,  and  to  the  hayward  of  Pyrtone,  at 
the  order  of  the  keeper,  12d.  For  the  expenses  of  the  same  near  Hoke- 
day,  staying  5  days,  bread  from  the  store-room;  for  ale,  2s.  lid.,  for 
meat  lis.  5d.:  besides  bacon  from  the  store-room,  for  peas  6d.,  for  bridles, 
4d.;  given  to  the  baliff  of  the  king  6d.,  and  to  the  servants  4d.,  and  to  a 
man  coming  from  Scotland  to  the  lord  king,  6d.  Total  10s.  2d. 

Outside  Expenses.  For  the  expenses  of  the  bailiffs  of  Maid  on, 
Ledrede,  and  Farley,  in  coming  to  the  account  and  in  returning ;  bread 
and  cheese  from  the  store-room,  for  ale  1 2d.  For  the  expenses  of  the 
carter  of  Chetindone  coming  from  Oxford  and  of  the  carters  of  Haliwell 
on  their  coming  to  Bredefeld  to  get  timber  there,  bread  and  cheese  from 
the  store-room ;  for  ale  8d.  For  the  expenses  of  the  same  and  of  the 
carter  of  Cuxham  on  the  way  to  Bredefeld  four  times  and  on  the  way 
to  Alremanson  twice,  with  the  expenses  of  one  man  going  with  him  twice, 
5s.  6d.  For  6  clouts  with  nails  bought  for  the  cart  from  Chetindone? 
9d.  For  hay  bought  on  the  way  for  the  horses,  12d.  For  the  expenses 
of  the  tax  collectors  of  the  sixteenth  penny,  bread  and  cheese  from  the 
store-room,  for  ale  7Jd. ;  given  to  the  same  6s.  8d.  Given  to  the  lord 
king  for  the  sixteenth  penny  28s.  For  poles  bought  as  prys  for  pre- 
paring timber  3d.:  for  one  man  and  his  helper  hired  for  3  days  at 
preparing  timber  18d.:  for  one  woman  helping  them  for  2  days,  2d. 
For  the  expenses  of  2  men  coming  to  Maldon  to  hunt  for  a  pig  there, 
bread  and  cheese  from  the  store-room,  ale,  2d.  For  eggs  Id.  For  the 
expenses  of  the  2  men  driving  a  pig  to  Chetindone,  6d.  For  the  ex- 
penses of  lord  Stephen  of  Chenidant,  Friday  next  before  the  feast  of  St. 
Thomas  the  Apostle,  bread  and  cheese  from  the  store-room,  ale  2d. 
For  the  expenses  of  4  masters  coming  to  Eeading  for  orders  and  return- 
ing about  the  feast  of  St.  Thomas  the  Apostle,  bread  5d.,  beside  bread 
from  the  store-room,  ale  13d.,  garlic,  Id.,  cheese  from  the  store-room. 
For  shoeing  3  horses  of  the  cart  of  Chetindone  and  for  mending  the 
broken  strakes  and  hooks  of  the  cart,  15d.  For  the  expenses  of  master 
Adam  of  Hystede  coming  from  London  on  the  morrow  of  St.  Agatha  the 
Virgin,  bread  from  the  store-room,  ale  4d.     For  the  expenses  of  a  man 


20  TRANSLATIONS    AND    REPRINTS. 

of  the  king  and  bis  servant  coming  from  Oxford  to  mark  the  door  of  the 
baru,  Thursday  next  after  the  conversion  of  St.  Paul ;  and  the  same 
servant  remained  for  2  days ;  and  of  another  servant  who  came  to  him 
and  remained  2  days ;  bread  and  cheese  from  the  store-room,  ale  8d., 
meat  3d.,  eggs  Id.  Also  given  to  the  said  men  of  the  lord  king,  2s. 
For  hauling  4  casks  and  1  pipe  from  London  to  Henley  6s.  9d.,  at  18d. 
a  cask  and  9d.  for  the  pipe.  For  a  house  hired  for  storing  the  said  casks 
at  Henley,  6di.:  for  rolling  the  said  casks  into  the  house  and  out  of  the  house 
again  when  they  had  to  be  put  into  the  cart,  7d  ;  for  placing  the  same 
in  the  cart,  9d.,  for  hauling  the  same  from  Henley  to  Cuxham,  18d. 
For  expenses  at  Cuxham.  For  2  men  coming  from  Oxford  to  get  one 
cask,  bread  and  cheese  from  the  store-room,  ale  2d.,  garlic  2d.  For  the 
expenses  of  the  bailiff  of  Ledrede  going  to  Oxford  and  returning,  about 
the  feast  of  St.  Osyth  the  virgin,  bread  from  the  store-room,  ale  2id., 
eggs  Id.,  cheese  from  the  store-room.  For  164  eggs  bought  for  the 
account,  12d.  Total  65s.  Id. 

Total  of  all  expenses  22£.  7s.  9H. 
And  he  owes  26£.  9s.  7*d. 

HI.     MANOR  COURT  ROLLS. 

I.       MANOR  COURT  ROLLS  OF  GREAT  CRESSINGHAM,  NORFOLK.   1 328-9. 
Five  Court  Rolls  of  Great  Cressingham,  Edited  and  Translated  by  Henry  W. 
Chandler,  Privately  Printed,  London.  1885.     pp.  17-35. 

A  Court  in  the  same  place  (Great  Cressingham),  on  Monday  next 
after  the  feast  of  the  Nativity  of  the  Blessed  Mary  in  the  year  of  the 
reign  of  King  Edward  above  mentioned,  (i.e.,  Edward  III;  Sept  12th 
1328.) 

Excuse.  William  of  Glosbridge,  attorney  of  Sir  Robert  de  As- 
pale  by  the  common  excuse  through  W.  Prat.     (He  came  afterwards.) 

Order.  It  was  ordered,  as  before,  to  distrain  Master  Firmin  to 
show  by  what  right,  etc.,  concerning  the  tenement  Walwayn.  Likewise 
to  distrain  Sir  John  Walwayn  for  fealty. 

Amerciament,  3d.  From  Petronilla  of  Mintliug  for  leave  to 
agree  with  William  Attewente,  concerning  a  plea  of  trespass. 

Order.  It  was  ordered  to  distrain  Peter  the  Cooper  for  15d. 
which  he  owed  to  R(jger  the  Miller,  at  the  suit  of  William  Attestrete, 
wh(3  proved  against  him  four  shillings  in  court. 

Fine,  I2d.  From  Walter  Orengil  for  his  term  of  four  years  to  hold 
in  6  acres  of  land  rented  from  Gilbert  Cloveleke,  for  which  grant  the 


COURT    ROLL    OF    CRESSINGHAM.  2 1 

said  Walter  is  to  pay  annually,  at  the  feast  of  All  Saints,  to  the  said 
Gilbert  four  quarters  and  four  bushels  of  barley,  during  the  said  term. 

Pledges  Nally  and  John  Buteneleyn. 

Amerciament,  2d.  From  John  Brichtmer  because  he  was  sum- 
moned to  do  one  boon-work  in  autumn  and  did  not  come.  Therefore  he 
is  to  be  amerced. 

Amerciament,  2d.  From  Alice,  wife  of  Richard  of  Glosbridge, 
for  the  same. 

Amerciament,  2d.     From  William  Robyn  for  the  same. 

Order.  From  Walter  Page  and  Margaret  his  w^ife,  because  they 
cannot  deny  that  they  are  keeping  back  from  John  of  Euston  3d. ;  and 
therefore  it  was  ordered  that  the  said  3d.  should  be  levied  from  the  said 
Walter  to  the  use  of  the  said  John.     (Reversed,  because  he  is  poor.) 

Fine,  4d.  Martin  the  son  of  Basil  and  Alice  his  wife  having  been 
examined  by  the  bailiif,  surrendered  into  the  lord's  hand  one  rood  of 
land  with  a  cottage  thereon,  to  the  use  of  Isabel  daughter  of  John  Fayr- 
say  and  their  heirs,  to  hold  in  villenage  at  the  will  of  the  lord,  doing  etc. 
all  rights  being  saved.     And  she  gives,  etc. 

Fine,  4d.  Isabel  Fayrsay  surrendered  into  the  lord's  hands  one 
rood  and  one  quarter  of  a  rood  of  land  and  one  rood  of  meadow  and  half 
of  a  cottage  to  the  use  of  Martin  Basil's  son  and  Alice  his  wife  and  their 
heirs,  to  hold  in  villenge  at  the  will  of  the  lord,  doing  etc.  All  rights 
being  saved.     And  he  gives  to  the  lord. 

Fine,  4d.  From  John  Pye  for  his  term  of  five  years  to  hold  in 
three  roods  of  land  rented  from  Hugh  Holer.  The  term  begins  at  the 
feast  of  St.  Michael. 

Fine,  4£'.  It  is  to  be  remembered  that  the  lord  out  of  his  seisin 
delivered  and  gave  to  Vincent  of  Lakinham  one  messuage,  7  acres  2i 
roods  of  land  of  the  villenage  of  the  lord,  which  had  been  taken  into  the 
lord's  hand  after  the  death  of  William  the  son  of  Hugh  because  the 
aforesaid  William  was  a  bastard  son  and  died  without  heirs,  to  hold  of 
him  to  the  aforesaid  Vincent  and  his  heirs,  in  villenage  at  the  will  of 
the  lord,  doing  thence  the  services  and  customs  due.  All  rights  being 
saved.  And  he  gives  to  the  lord  for  his  entry.  And  saving  to  Alice 
who  was  wife  of  Hugh  the  son  of  Lawrence  half  of  the  said  tenements 
to  hold  in  dower  for  the  term  of  her  life. 

Note,  I  beast;  price  los.  The  jury  says  John  Bassissone  has 
died  seized  of  one  messuage,  16  acres  and  1  rood  of  land  of  villenage, 
and  that  John  his  son  is  his  next  heir,  and  is  of  the  age  of  nine  years. 


22  TRANSLATIONS    AND    REPRINTS. 

And  because  the  said  heir  has  not  come,   therefore  it  is  ordered  that 
seisin  be  in  the  whole  villenage  until,  etc. 

Order.  To  distrain  the  tenants  of  the  tenement  Sowle  for  one 
boon- work  with  eld  in  autumn. 

Fine,  40s.  All  the  jury  says  that  Thomas  Ode  has  died  seised  of 
a  cottage  and  5  acres  and  one  rood  of  land  of  the  villenage  of  the  lord, 
and  that  they  know  him  to  have  no  surviving  heir,  and  therefore  the 
whole  tenement  was  taken  into  the  lord's  hand.  And  the  lord  out  of  his 
seisin  delivered  and  gave  the  whole  of  the  said  tenement  to  a  certean 
Simon  Maning  of  Walton  and  his  heirs  to  hold  in  villenage  at  the  will 
of  the  lord,  doing  therefore  the  service  and  customs  due.  Saving  all 
kinds  of  rights.     And  he  gives  to  the  lord  to  have  entry. 

Order.  Ordered  to  distrain  Henry  le  Cok,  John  Maggard,  chap- 
lain, and  John  Ingel,  because  they  withhold  from  the  lord  3d.  rent  now  for 
five  years  for  the  parcel  tenement  Merchant. 

Likewise  to  distrain  Richard  of  the  River  for  fealty  for  the  tene- 
ment formerely  of  Reyner  Attechirche. 

Election.  The  whole  homage  elect  the  tenement  of  Geoffrey 
Attechirchgate  for  the  office  of  reeve  this  year,  and  the  tenants  are  Nally, 
Buteneleyn,  Martin,  Bassissone,  and  others.  And  the  said  Alexander 
was  sworn. 

Likewise  the  tenement  of  Lawrence  Smith  for  the  next  year. 

Likewise  the  tenement  Ernald  for  the  office  of  reaper :  and  the 
tenants  are  W.  Macurneys,  Buteneleyn,  W.  Pa  we,  and  T.  Attenew- 
house.  And  the  said  W.  Pa  we  was  sworn  and  afterward  excused. 
And  Prat  performs  the  office  for  him. 

Order.  It  was  ordered  to  distrain  Alan  son  of  William  Attehall- 
gate  and  John  his  brother,  for  fealty  for  the  tenement  which  belonged 
to  master  Roger  de  Snetisham,  of  the  fee  of  the  lord. 

Likewise  to  distrain  John  Pye  to  show  by  what  right,  etc.,  and  for  * 
fealty. 

Likewise  to  retain  the  pledges  taken  from  the  men  of  Hilburworth 
until  they  have  made  satisfaction  for  damages  done  in  the  common. 

Amerciament,  I2d.  From  William  Hubbard  for  damage  in 
the  lord's  meadows. 

Amerciament,  6d.  From  John  Aylemer  for  damage  in  the 
fields  in  autumn. 

Amerciament,  2d.  From  Hugh  Holer  because  he  did  not  do 
his  boon-work  in  autunm,  as  he  was  summoned  to  do. 


COURT    KOLL    OF    CRESSIXGHAM.  23 

1 2d.  From  Isabel  Syappiiig  for  license  to  have  a  fold  of  her  own 
sheep. 

Memorandum.  Of  4  bushels  of  barley  taken  from  Roger  the 
miller,  etc.,  by  the  Reaper;  and  let  them  be  handed  over  to  Thomas 
Pawe  for  a  debt  recovered  against  the  said  Roger. 

Total  6£.  4s.  lid.,  besides  a  heriot  valued  at  10s. 

Total  of  all  the  courts  for  the  whole  year,  8£.  16s.  8d. 

CRESSiNGHAM.     A  Court  and  Leet  there  on  Monday  next  after  the 

feast  of  the  apostles  Peter  and  Paul,  in  the  third  year  of  the  reign  of 

king  Edward,  the  Third  from  the  Conquest,  (i.  e.,  July  3rd,  1329 J. 

^  :^  :^  ^^  ^  ^  ^  ?ii>ic 

Fine,  i8d.  Gilbert  de  Secheforde  surrendered  into  the  hands  of 
the  bailiff,  in  the  presence  of  the  whole  homage  a  cottage  to  the  use  of 
John  Putneys  and  his  heirs,  to  hold  in  villenage  at  the  will  of  the  lord, 
doing  thence  the  services  and  customs  due ;  saving  rights  of  all  kinds. 
And  he  gives  for  entry,  etc. 

Order.  It  was  ordered  to  retain  in  the  lord's  hand  one  messuage 
and  one  acre  of  land  of  which  John  Belessone  was  seized  when  he  died, 
because  it  is  not  known  of  what  condition  he  was ;  and  therefore  the  rolls 
of  the  34th  and  32nd  of  king  Edward  are  being  examined. 

Amerciament,  3d.  From  Alice,  daughter  of  Geoffrey  Attenew- 
house,  for  marrying  without  leave. 

Amerciament,  4d.     From  John,  son  of  Martin,  for  the  same. 

Postponement.  A  suit  between  Thomas  Attetunesende,  plaint- 
iff, and  Adam  Atte water,  defendant,  concerning  a  plea  of  agreement, 
was  postponed  till  the  next  court  by  consent  of  the  parties  on  account  of 
arbitration. 

Postponement.  A  distraint  taken  from  John  Maggard  and 
Henry  le  Coke  for  arrears  of  rent  was  postponed  till  the  next  court. 
And  it  was  ordered  to  distrain  John  Ingil,  their  joint-tenant,  etc. 

Chief  Pledges.     John  Buteneleyn,       John  Hardy, 

William  Robin,  Thomas  Hardy, 

Henry  Paw^e,  Nicholas,  son  of  Roger, 

Laurence  Smith,  Roger  Attehallgate, 

Roger  Gurnay,  William  le  Warde, 

William  Attestrete,     Robert  Gemming. 

These  were  sworn  and  say : 

Fine,  3d.  From  William  Hubbard  for  license  to  put  his  grain 
growing  in  the  lord's  villenage,  out  of  villenage. 


24  TRANSLATIONS    AND    REPRINTS. 

Amerciament.  From  Silvester  Smith,  for  blood  drawn  from 
John  Marschal.     (erased).     Because  he  was  elsewhere. 

A.  6d.  From  John  Barun  for  the  same  from  William,  son  of 
Sabine. 

A.  3d.  From  Margaret  Millote  for  the  same  from  Agnes, 
daughter  of  Martin  Skinner. 

A.  6d.  From  the  rector  for  an  encroachment  on  the  common  at 
Greneholm,  12  perches  long  and  2  feet  wide. 

A.  6d.  From  the  same  rector  for  an  encroachment  made  at  Calde- 
well,  20  perches  long  and  1  foot  wide. 

A.  3d.  From  Roger  of  Dray  tone  because  he  made  an  encroach- 
ment at  the  Strete  3  perches  long  and  1  foot  wide. 

A.  6.  From  Hugh  Rolf  and  Hugh  Holer  for  license  to  resign  the 
office  of  ale-taster. 

Election.  Alan  le  Cok  and  Alan  le  Spicer  were  elected  to  the 
office  of  ale-taster,  and  sworn. 

A.  2d.  From  Christiana  Punte  because  she  has  sold  ale  and 
bread  contrary  to  the  assize. 

A.  2d.  From  William,  son  of  Clarissa  because  he  broke  into  the 
house  of  John  son  of  Geoffrey  Brichmer. 

A.  2d.  From  Adam  son  of  Matilda  Thomas  because  he  is  not  in 
the  tything. 

A.  2d.     From  John  son  of  Thomas  Brun  for  the  same. 

A.  6d.  From  Peter  the  miller  for  a  hue  and  cry  justly  raised 
against  him  by  the  wife  of  William  the  Fuller. 

^  ^  ^  ^  ^  ^  ^  ^% 


2.       EXTRACTS    FROM     THE     HALMOTE     COURT     ROLLS     OF     THE     PRIOR 
AND    CONVENT  OF  DURHAM,    1 345-83. 
Publications  of  the  Surtees  Society.     Vol.  82.  pp  16-179. 

The  following  items  are  extracted  from  the  records  of  the  successive  courts 
held  by  the  Steward,  Bursar,  or  Terrar  of  the  Priory  of  Durham.  Three  courts  ayear 
seem  to  have  been  held  in  each  of  the  fifteen  manors  belonging  to  the  convent,  be- 
sides more  I  frequent  meetings,  at  the  call  of  the  reeve.  The  word  "halmote"  or 
"halimote"  is  frequently  applied  to  the  manor  court  meetings,  and  is  generally  con- 
sidered to  be  equivalent  to  a  meeting  in  the  hall  or  manor  house,  Maitland,  Sel. 
Pleas  in  Manorial  Courts,  I,  Ixxvi. 

First  Tourn  of  the  Halmotes  of  the  Priory  of  Durham,  beginning  at 


DURHAM    HALMOTE    ROLLS.  25 

Fery,  July  6tli,  A.D.  1345,  before  lords  William  of  Charetou  and  Rob- 
ert of  Beiiton,  Terrar  and  Bursar,  and  Simon  Esshe,  Steward. 

Spen,  1345.  Agues  widow  of  Adam  of  Mora  has  taken  a  house  and 
50  acres  of  laud  which  her  husband  Adam  formerly  held,  paying  ann- 
ually for  her  life  33s.  4d.  And  there  is  remitted  to  her  16s.  8d.  a  year 
from  the  old  rent  on  account  of  her  age  and  weakness  of  mind. 

Billingham,  1345.  Agnes  daughter  of  William  Nouthird  has 
taken  a  cottage  with  the  curtilage,  which  the  said  William  her  father 
formerly  held,  to  be  held  on  payment  of  6d.  a  year  and  20  autumn 
works  in  the  manor  of  Billingham,  provided  she  has  food.  Fine,  2s.; 
pledges  J.  of  Stokton  and  Alexander  son  of  Gilbert. 

The  reeve  and  jurors  complain  and  present  that  certain  persons 
named  below  do  not  hold  land  by  reason  of  which  they  have  any  right 
to  have  part  in  the  common  pasture,  and  yet  they  feed  their  cattle  on  the 
pasture  of  the  vill  to  the  injury  of  those  who  hold  land.  It  is  therefore 
required  that  they  remove  their  animals  from  the  pasture  so  that  for  the 
future  they  shall  not  thus  overstock  the  pasture  ;  under  penalty  of  half 
a  mark. 

North  Pittington,  1358.  Bonageus^  Moneyer  came  here  into  court 
and  took  a  messuage  and  28  acres  of  land  which  had  been  Christiana 
Ponchoun's,  because  no  one  of  the  blood  of  the  said  Christiana  was  will- 
ing to  fine  for  them,  to  have  and  hold  for  the  term  of  his  life,  on  pay- 
ment for  the  first  3  years  of  13s.  4d.  a  year,  and  afterward  20s.  a  year. 
And  the  same  Bonageus  will  repair  within  a  year,  at  his  own  cost,  the 
building  of  the  foresaid  messuage.  And  he  gives  for  a  fine  20s.  of  which 
13s.  4d.  is  remitted  for  the  repairs  of  the  foresaid  buildings.  Pledges 
for  the  rent  and  for  all  other  things  which  are  required  Robert  Thomson 
and  John  Ponchoun. 

Bonageus  Moneyer  came  here  and  took  a  messuage  and  20  acres  of 
an  d  formerly  in  the  tenure  of  Richard  of  Aucland  vicar  of  Pittington, 
which  were  seized  into  the  hand  of  the  lord  because  he  left  them  and 
rented  them  without  license  of  the  lord ;  to  have  and  hold  for  the  term 
lof  his  life,  paying  the  ancient  rent  and  doing  for  the  lord  and  his  neigh- 
bors what  is  required ;  on  the  pledge  of  John  Ponchoun  and  Robert 
Thomson.     And  he  gives  as  fine  13s.  4d. 


^  In  1364,  Bonageus,  a  Plorentine,  was  moneyer  for  the  king  of  Scotland. 
This  was  probably  the  same  man.  He  might  have  been  in  1358  minter  for  the 
Bishop  of  Durham.  By  1364  he  is  recorded  as  having  left  his  holdings  at  Pitting- 
ton. 


26  TRANSLATIONS    AND    REPRINTS. 

West  Raynton,  1364.  It  is  reported  by  the  inquisition  upon  which 
Hugh  Urkyll  has  placed  himself,  viz.  on  the  oath  of,  etc.  (8  names)  that 
the  said  Hugh  is  a  nativus^  of  the  lord  prior  and  that  his  father  and  grand- 
father were  considered  as  nativi  of  the  said  lord  prior.  And  moreover 
this  same  Hugh  made  his  fealty  here  in  court  just  as  pertains  to  a  nativus. 
It  is  reported  by  the  same  inquisition  that  John  Wydowson  is  a  nativus 
of  the  lord  and  of  like  condition  etc ;  and  besides  this,  etc.  has  made  his 
fealty  etc.  It  is  ordained  and  enjoined  on  all  wdio  were  on  the  foresaid 
inquisition  that  each  of  them  hold  what  w^as  said  among  them  as  a  secret, 
under  penalty  of  payment  of  40d.  by  the  one  w^ho  is  found  guilty.  It  is 
enjoined  on  all  the  tenants  of  that  vill  and  the  vill  of  East  Raynton  that 
no  one  of  them  call  anyone  of  those  vills  ^'nativus^^  of  the  lord,  under 
penalty  of  payment  of  20s.  by  the  one  who  is  found  guilty. 

Billingham,  1864.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  none  of  them  grind  his  grain  outside  of  the  domain  so  long  as  the 
mill  of  the  lord  prior  is  able  to  grind,  under  penalty  of  20s. 

Coupon,  1365.  It  is  reported  by  the  jury  that  Thomas  son  of 
Richard  of  Billingham  staying  at  Melsonby  and  acting  as  common  herd- 
man  there,  is  a  nativus  of  the  lord. 

Newton  Bewdey,  1365.  From  John  of  Baumburg  for  his  trans- 
gression against  Adam  of  Marton,  in  calling  him  false,  perjured,  and  a 
rustic;  to  the  loss  of  the  same  Adam  of  Marton  40d.,  penalty  13d. 

Mid-Merrington,  1365.  From  Richard,  son  of  Thomas,  because  he 
has  not  recalled  his  son  from  school  ^  before  the  feast  of  St.  Michael  as 
enjoined  upon  him  at  the  last  Halmote,  penalty  40d.  It  is  enjoined 
upon  all  the  tenants  of  the  vill  that  none  of  them  insult  the  pounder 
while  fulfilling  his  duty,  nor  swear  at  him. 

West  Raynton,  1365.  A  day  is  given  to  all  the  tenants  of  the 
vill  to  make  a  law  that  neither  they  nor  their  wives  nor  their  servants 
shall  cut  down  anything  within  the  woods,  nor  carry  anything  green 
away  from  the  woods ;  each  of  them  at  the  next  court  six-handed. 


^  That  is,  a  bondman  of  the  lord  born  on  the  manor.  The  word  is  used  not  in 
contrast  with  villa?ius,  but  as  a  more  exact  term,  laying  stress  on  his  servile  status, 
at  a  period  when  many  men  in  the  social  position  of  villeins  were  no  longer  person- 
ally unfree.  It  is  here  evidently  a  term  of  opprobrium,  as  well  as  an  indication  of  sub- 
jection to  the  burdens  of  serfdom.  The  official  who  holds  the  court  seems  to  de- 
precate any  rousing  of  the  resentment  of  the  villein  tenants  by  its  open  use. 

2  Doubtless  a  villein  who  was  violating  the  law  by  endeavoring  to  have  his  son 
trained  to  be  a  priest ;  see  at  Ackley,  below. 


DURHAM    HALMOTE    ROLLS.  2"] 

Coupon,  1365.  From  Agnes  Postell  and  Alice  of  Belasis,  for 
breaking  the  assize  of  ale,  12cl.  From  Alice  of  Belasis,  for  had  ale,  and 
moreover  because  the  ale  which  she  sent  to  the  Terrar  was  of  no  strength, 
as  was  proved  in  court,  2s. 

Ackley,  1365.  It  is  ordained  by  common  consent  that  no  one  per- 
mit colts,  calves,  young  steers  or  any  other  animals  within  the  field  in 
which  grain  is  sow^ed  until  the  grain  is  cut  and  carried  off,  under  penalty 
of  half  a  mark. 

Fery,  1365.  It  is  ordained  by  common  consent  that  Robert  Todd 
should  keep  his  sheep  from  feeding  on  the  grain  of  his  neighbors  and  on 
the  cowpasture,  under  penalty  of  40d.;  and  moreover  that  each  tenant 
keep  his  pigs,  cows,  horses,  and  other  animals  from  feeding  on  the  grain 
or  treading  it,  and  that  the  cottagers  should  keep  their  cattle  within  the 
common  pasture,  under  the  penalty  foresaid. 

Ackley,  1366.  It  is  required  of  John,  son  of  Thomas  of  Chilton, 
living  at  Coites  that  he  recall  his  son  from  the  schools  before  the  feast 
of  the  Purification  of  the  Virgin  next. 

West  Merrington,  1367.  It  is  enjoined  on  all  the  tenants  of  the 
vill  that  each  of  them  cause  to  be  plowed  the  outer  parts  of  the  field  and 
then  the  inner  parts,  so  that  none  of  them  .  .  .  .  ^  loss  on  account  of  lack 
of  plowing. 

Billingham,  1368.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  none  of  them  cut  the  balks  before  the  next  court. 

Coupon,  1368.  John  Pulter  and  Robert  Fauks  were  elected  ale- 
tasters,  and  were  sw^orn. 

Newton  Bewley,  1368.  From  Alice,  servant  of  Adam  ofMarton, 
for  leyr,^  6d.  From  Thomas,  servant  of  the  same  for  drawing  his  knife 
to  strike  John  Smith,  penalty  40d.,  by  grace  12d. 

Wallsend,  1368.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  each  of  them  come  on  the  summons  of  the  reeve  to  discuss  the  com- 
mon business  touching  the  profit  of  the  vill. 

Hesylden,  1368.  From  Robert,  son  and  heir  of  John  son  of 
Matilda,  as  a  heriot  for  1  messuage  and  20  acres  of  land  w^hich  he  holds 
freely,  for  homage,  and  fealty  and  service  of  40d.  and  a  heriot,  viz.  the 
best  beast;  15s.,  and  nothing  for  relief. 


1  Manuscript  illegible. 

'^  Leyr  was  a  fine  imposed  upon  women  who  had  been  guilty  of  incontinence. 


28  TRANSLATIONS    AND    REPRINTS. 

Monkton,  1369.  Robert  Jakson,  nativiis  of  the  lord  made  his  fealty 
to  the  lord  at  Jarrow,  Thursday  next  after  the  feast  of  St.  Luke  the 
Evangelist,  in  the  69th  year. 

Heworths,  1370.  It  is  enjoined  upon  all  the  tenants  of  the  vill 
that  they  have  the  common  forge  and  the  common  oven  repaired. 

East  Raynton,  1370.  From  Margaret  daughter  of  Robert  Wright 
for  merchet,  pledge,  Alice,  her  mother,  2s. 

Eery,  1370.  From  Margaret  Eery  woman  for  leyr,  6d.  Erom 
Adam  Graundorge  for  his  transgression  made  against  Robert  Letany  by 
killing  his  cow  to  the  loss  of  7s.,  3d.  A  day  is  given  to  the  same  Adam 
to  make  his  law  against  Richard,  son  of  Peter,  that  he  has  not  broken 
the  leg  of  his  cow.  At  the  next  court,  with  six  hands.  He  has  not  found 
a  pledge.  Therefore  let  the  said  Richard  recover  against  him.  Erom 
Adam  Graundorge  for  1  cow  of  Richard,  son  of  Peter,  killed,  to  the  loss 
of  10s.,  penalty  3d. 

Wallsend,  1370.  It  is  ordained  by  common  consent  that  each  ten- 
ant should  come  to  the  making  of  the  hay  of  the  common  meadow  when 
they  shall  be  warned,  under  penalty  of  losing  their  part  and  even  under 
penalty  of  heavy  fine. 

Harton,  1370.  An  inquisition  was  taken  here  Tuesday,  the  day 
after  St.  Simon's  and  St.  Jude's  Day,  A.  D.  1370,  before  lord  John  of 
Heminburg,  Terrar,  and  lord  Thomas  Surta3^s,  Steward,  for  inquiring 
of  what  condition  Adam  Diotson  and  Roger  Ward  are,  on  the  oath  of 
John  Wallas,  80  years  old,  Thomas  Page,  Richard  of  Hertlaw,  John 
Dogeson,  John  Gray,  John,  son  of  Adam  of  South wyk,  Thomas,  son  of 
Alan,  and  John  Reid.  Who  say  on  their  oath  that  a  certain  John 
Ward,  grandfather  of  the  aforesaid  Roger  Ward,  and  John  Ward, 
father  of  the  same  Roger,  were  of  old  held  to  be  nativi  of  the  lord  Prior, 
and  never  did  they  hear  the  contrary  till  this  day.  And  they  say  that 
a  certain  Thomas  Maymond,  grandfather  of  the  aforesaid  Adam,  and 
John,  father  of  the  aforesaid  Roger,  were  brothers  by  the  same  father 
and  mother,  and  they  say  that  the  aforesaid  Adam  and  Roger  are  of  the 
same  servile  condition  as  their  ancestors  were  and  never  did  they  hear 
the  contrary. 

East  Raynton,  1370.  Lease  of  the  manor.  John  Ereman,  Rob- 
ert of  Coldingham,  Elias  Pater-Noster,  and  Thomas  Gibson  have  taken 
the  demesne  lands  with  their  buildings,  to  have  and  to  hold  for  the  term 
of  15  years,  paying  yearly  at  the  treasury  8  marks,  and  to  the  Terrar 
half  a  mark,  commencing  payment  at  the  feast  of  Pentecost,  A.  D.,  '71. 


j  DURHAM    HALMOTE    ROLLS.  29 

And  they  found  54  acres  of  one  cultivation  ;  and  they  will  manure  10 
acres  in  each  year.  And  they  will  return  the  buildings  and  land  in 
proper  condition  because  they  so  received  them.  Pledges,  each  of  the 
other,  and  others  of  the  vill  who  work  part  of  it  on  lease  from  John 
Fremau  and  his  said  companions.  And  they  will  grind  the  grain  from 
the  said  demesnes  at  the  mill  of  the  Prior  in  the  same  way  as  it  is  ground 
from  the  lands  of  the  other  tenants. 

Mid-Merrington,  1371.  It  is  enjoined  on  all  the  cottars  and  labor- 
ers that  they  work  with  the  farmer  of  the  manor  for  suitable  wages 

Newton-Bewly,  1371.  William  Raynald  w^as  elected  to  the  office 
of  reeve,  and  was  sworn. 

Billingham,  1374.  Fealty  of  a  nativus  taken.  Robert,  son  of 
Eustace  Fristerlying  of  Hesilden,  nativus  of  the  lord  came  here  on 
Thursday,  the  feast  of  Pope  Clement,  A.  D.  '74,  in  the  presence  of  lord 
John  of  Beryngton,  Terrar,  Alan  of  Billingham,  John  of  Elvet, 
Hugh  of  Corbrigg,  and  several  other  tenants  of  Billingham,  Wolveston, 
New^ton,  and  Coupon,  and  swore,  touching  the  sacred  gospels,  that  he 
will  be  under  the  jurisdiction  of  the  lord  Prior  and  Convent  of  Durham 
and  their  officers,  in  his  body  and  his  goods,  and  that  he  will  not  remove 
himself  from  their  land,  etc. 

South wyk,  1374.  From  Robert  Smith  because  he  would  not  sit 
down  at  the  command  of  the  Steward.  Robert  Smith  took  one  holding 
which  was  last  in  the  tenure  of  William,  son  of  Henry,  to  have  and  hold 
for  the  term  of  his  life,  paying  yearly  for  all  things,  viz.  for  services 
and  other  different  things,  30s. 

East  Merrington,  1367.  It  is  reported  by  the  oath  of  (fourteen 
names)  in  the  presence  of  lord  Robert  of  Wallworth,  prior,  and  many 
others  that  Robert,  son  of  Nicolas,  who  now  is  called  Tomson  is  free  and 
of  free  condition  and  free  status,  and  not  a  nativus  of  the  said  lord  Prior. 

Ackley,  1376.  John  Tailor  has  come  and  taken  12  acres  of  land 
with  the  meadow  pertaining  to  the  said  12  acres  of  land,  lately  in  the 
tenure  of  William  Ibbi  and  leased  by  the  said  William  to  the  said  John 
w  ith  the  license  of  the  prior ;  to  have  and  hold  for  the  term  of  his  life ; 
paying  annually  12s.  Fine  3s. 

Hesilden,  1376.  It  is  ordained  by  common  consent  that  all  things 
collected  within  the  field,  as  well  as  herbage,  be  carried  openly  through 
the  middle  of  the  vill  and  not  behind  the  gardens,  in  secret.  It  is 
enjoined  upon  all  the  women  of  the  vill  that  they  restrain  their  tongues 
and  that  they  do  not  quarrel  nor  swear  at  anyone. 


30  TRANSLATIONS    AND    REPRINTS. 

Dalton,  1376.  From  Joanna,  wife  of  William  Smith,  for  merchet 
12d.  From  Margaret,  servant  of  the  former,  for  leyr  with  two  men, 
12d.     From  the  wife  of  John  Dawson,  for  breaking  the  assize  of  ale  6cl. 

Wolveston,  1376.  William  May,  nativus  of  the  lord  has  taken  30 
acres  of  land  with  the  crop;  viz.,  5  acres  of  wheat,  price  per  acre  10s.,  3 
acres  of  peas  and  beans  and  4  acres  of  oats  price  per  acre  5s.  The 
same  William  held  these  before  and  on  account  of  his  incapacity  they 
were  seized  into  the  hand  of  the  lord ;  to  have  and  to  hold  at  the  will  of 
the  lord,  paying  the  ancient  rent. 

Billingham,  1378.  It  is  ordained  by  common  consent  that  at  the 
blowing  of  the  horn  of  the  Reaper,  they  should  come  for  the  gathering 
of  the  peas,  and  when  he  blows  his  horn  again  they  all  withdraw  from 
the  said  peas,  under  penalty  of  6d.;  and  moreover  that  no  one  collect 
except  in  his  own  place,  unless  he  is  poor. 

West  Raynton,  1378.  A  day  is  give  to  that  vill  that  they  inquire 
and  present  whether  John  Hunting  and  Cecilia  his  wife  beat  Margaret 
the  widow  or  not,  at  the  next  court,  under  penalty  of  half  a  mark. 
From  John  Hunting  because  he  did  not  close  his  front,  so  that  his  ani- 
mals trampled  and  destroyed  the  cabbages  of  Margaret  the  widow. 

Billingham,  1379.  It  is  ordained  by  common  consent  that  no  one 
in  the  time  of  harvest  should  have  in  the  day  time  more  that  one  horse 
in  the  grain,  for  carrying  his  food,  and  that  at  night  he  should  remove 
the  said  horse  from  the  grain,  under  penalty  of  4d.;  and  similarly  that 
no  one  carry  off  the  grain  of  another,  under  the  same  penalty. 

Monkton,  1379.  It  is  enjoined  upon  Thomas  Lame  that  because 
to  be  rebuilt  before  the  feast  of  St.  Michael,  a  barn  which  was  burned  in 
his  tenure,  under  penalty  of  40s. 

Pittyngton,  1379.  It   is  enjoined  upon  all  the  tenants  of  the 

vill  thBt  they  heat  up  the  oven,  each  one  of  them  when  his  turn  shall 
come,  under  penalty  of  paying  12d. 

East  Merrington,  1381.  It  is  ordained  by  common  consent  that 
each  tenant  should  keep  the  animals  when  his  turn  comes,  and  for  the 
day  in  which  he  has  their  custody,  he  should  respond  and  give  satisfaction 
for  injuries  made  in  the  grain  or  herbage  to  the  one  or  ones  who  have 
had  the  losses,  under  penalty  of  paying  4d. 

Fery,  1383.  It  is  enjoined  upon  all  the  tenants  of  the  vill  that 
they  should  have  boundary  marks,  under  penalty  of  half  a  mark,  and 
moreover  that  they  should  pay  the  common  shepherd  his  wages,  and  that 
they  should  not  speak  ill  to  the  said  shepherd,  under  penalty  of  40d. 


MANUMISSION    OF    A    VILLEIN.  3 1 

IV.     THE    MANOR     HOUSE     AT     CHINGFORD,     ESSEX, 

A.  D.  1265. 

Hist.  Mss.  Commission  Reports  9.  i.  pp.  35-6 

The  manor  of  Chingford  was  granted  by  the  Chapter  of  St.  Paul's  Cathedral, 
London,  in  1265,  to  their  Treasurer  Robert  le  Moyne,  In  the  description  of  the 
manor  and  its  contents  the  receipt  of  which  he  acknowledged,  the  following  de- 
scription of  the  manor  buildings  is  given. 

He  received  also  a  sufficient  and  handsome  hall  well  ceiled  with 
oak.  On  the  western  side  is  a  worthy  bed,  on  the  ground,  a  stone  chim- 
ney, a  wardrobe  and  a  certain  other  small  chamber  ;  at  the  eastern  end 
is  a  pantry  and  a  buttery.  Between  the  hall  and  the  chapel  is  a  side- 
room.  There  is  a  decent  chapel  covered  with  tiles,  a  portable  altar,  and 
a  small  cross.  In  the  hall  are  four  tables  on  trestles.  There  are  likewise 
a  good  kitchen  well  covered  with  tiles,  with  a  furnace  and  ovens,  one 
large,  the  other  small,  for  cakes,  two  tables,  and  alongside  the  kitchen  a 
small  house  for  baking.  Also  a  new  granary  covered  with  oak  shingles, 
and  a  building  in  which  the  dairy  is  contained,  though  it  is  divided. 
Likewise  a  chamber  suited  for  clergymen  and  a  necessary  chamber. 
Also  a  hen-house.     These  are  within  the  inner  gate. 

Likewise  outside  of  that  gate  are  an  old  house  for  the  servants,  a 
good  stable,  long  and  divided,  and  to  the  east  of  the  principal  building, 
beyond  the  smaller  stable,  a  solar  for  the  use  of  the  servants.  Also  a 
building  in  which  is  contained  a  bed ;  also  two  barns,  one  for  wheat  and 
one  for  oats.  These  buildings  are  enclosed  with  a  moat,  a  wall,  and  a 
hedge.  Also  beyond  the  middle  gate  is  a  good  barn,  and  a  stable  for  cows 
and  another  for  oxen,  these  old  and  ruinous.  Also  beyond  the  outer  gate 
is  a  pigstye. 

V.     MANUMISSION  OF  A  VILLEIN. 

Dugdale's  Monasticon,  I,  394. 

To  all  the  faithful  of  Christ  to  whom  the  present  writing  shall 
come,  Richard  by  the  divine  permission  abbot  of  Peterborough  and  the 
Convent  of  the  same  place,  eternal  greeting  in  the  Lord.  Let  all  know 
that  we  have  manumitted  and  liberated  from  all  yoke  of  servitude 
William,  the  son  of  Richard  of  Wythington  whom  previously  we  have 
held  as  our  born  bondman,  with  his  whole  progeny  and  all  his  chattels,  so 
that  neither  we  nor  our  successors  shall  be  able  to  require  or  exact  any 
right  or  claim  in  the  said  William,  his  progeny,    or  his  chattels.      But 


32  TRANSLATIONS    AND    REPRINTS. 

the  same  William  with  his  whole  progeny  and  all  his  chattels  will  re- 
main free  and  quit  and  without  disturbance,   exaction,  or  any  claim  on 
the  part  of  us  or  our  successors  by  reason   of  any  servitude,   forever. 
We  Avill  moreover   and  concede  that  he  and   his  heirs  shall  hold  the 
messuages,  land,  rents  and  meadows  in  AYythington  which  his  ancestors 
held  from   us  and  our  predecessors,  by  giving  and  performing  the  fine 
which  is  called  merchet  for  giving  his  daughter  in  marriage,  and  tallage 
from  year  to  year  according  to  our  will, — that  he  shall  have  and  hold 
these  for  the  future   from   us  and   our   successors  freely,  quietly,  peace- 
fully, and  hereditarily,  by  paying  thence  to  us  and  our  successors  yearly 
40s.  sterling,  at  the  four  terms  of  the  year,  namely ;  at  St.  John  the  Bap- 
tist's day,  10s.,  at   Michaelmas,  10s.,  at  Christmas,  10s.,  and  at  Easter, 
10s.,  for  all  service,  exaction,  custom,  and  secular  demand;  saving  to  us 
nevertheless  attendance  at  our  court  of  Castre  every  three  weeks,  ward- 
ship and  relief,  and  outside  service  of  our  lord  the  king,  when  they  shall 
happen.     And  if  it  shall  happen  that  the  said  William  or  his  heirs  shall 
die  at  any  time  without  an  heir,  the  said  messuage,  land,  rents,  and  mead- 
ows with  their  appurtenances  shall  return  fully  and  completely  to  us  and 
our  successors.     Nor  will  it  be  allowed  to  the  said  William  or  his  heirs 
the  said  messuage,  land,  rents,  meadows,  or  any  part  of  them  to  give,  sell, 
alienate,  mortgage,  or  in  any  way  encumber  by  which  the  said  messuage, 
land,  rents,  and  meadows  should  not  return  to  us  and  our  successors  in 
the  form  declared  above.     But  if  this  should  occur  later  their  deed  shall 
be  declared  null  and  what  is  thus  alienated  shall  come  to  us  and  our 
successors.     In  testimony  of  which   duplicate  seals  are  appended  to  this 
writing,  formed  as  a  chirograph,  for  the  sake  of  greater  security.     These 
being  witnesses,   etc.     Given  at   Borough  for  the  love  of  lord  Robert 
of  good  memory,  once  abbot,  our  predecessor  and  maternal  uncle  of  the 
said  William,  and  at  the  instance  of  the  good  man  brother  Hugh  of  Mut- 
ton, relative  of  the  said  abbot  Robert ;  A.  D.  1278,  on  the  eve  of  Pen^ 
tecost. 


An  admirable  bibliography  of  manorial  documents  is  given  in  Miss  F.  G.  Dav- 
enport's ^'Classified  List  of  Printed  Original  Materials  for  English  Manorial  and 
Agrarian  History,"  prepared  under  the  supervision  of  Prof.  W.  J.  Ashley  of  Har- 
vard University,  and  published  by  that  University  as  Radcliffe  College  Monographs, 
No.  6.  Numerous  references  are  also  given  in  Ashley's  English  Economic  History, 
Vol.  I,  pp.  3-5. 


Translations  and  Reprints 

FROM    THE 

ORIGINAL  SOURCES  OF  EUROPEAN  HISTORY 


Vol,.  III.  The  Pre-Reformation  Period.  No.  6. 


TABLE  OF  CONTENTS. 

VACili 

I.        Early  Consciousness  of  the  Abuses  in  the   Church. 

I.     The  Revelation  of  Golias  the  Bisshoppe, 2 

II.         Heresy  and  the  Inquisition,  (XIII-XIV  Centuries). 

1 .  Tale  of  Heresy  from  l^uke  of  Tuy , 6 

2.  Description  of  the  Albigenses, 7 

3.  Petrarch's  account  of  certain  Averroists, 9 

4.  Edict  of  Frederick  II,  (1231), 10 

5.  Extracts  from  the  Sachsenspiegel  and  Schwabenspiegel 

relating  to  Heresy, 13 

6.  Edicts  of  Saint  Louis, 14 

7.  Formulae  of  the  Inquisition, 14 

8.  Thomas  Aquinas  on  the  Treatment  of  Heresy,  ....  15 

HI.        Church  and  State. 

1.  The  Bull  Unam  Sanctam,  (1302), 19 

2.  The   Bull  Clericis  Laicos,   (1296), 21 

3.  The  Imperial  Law  Licet  Jviris,  (1338), 24 

IV.        The  Council  of  Constance  and  its  Antecedents. 

1.  A  Letter  of  Petrarch  on  the  Papal  Court  at  Avignon,  .  26 

2.  Extract  from  Dietrich  Vrie's  Histor}-  of  the  Council  of 

Constance, 28 

3.  Extract  from  the  "Downfall  of  the  Church"  by   Cle- 

manges, 28 

4.  The  Decrees  "  Sacrosancta  "  and  "  Frequeus  "  of  the 

Council   of  Constance, 30 

5.  List  of  Abuses  drawn  up  at  Constance, 32 

V.        Bibliographical  Notice,       33 


TRANSLATIONS    AND    REPRINTS. 


I.    EARLY  CONSCIOUSNESS  OF  ABUSES  IN  THE  CHURCH. 

I.       THE    REVELATION    OF    GOLIAS    THE    BISSHOPPE. 

The  student  of  the  Reformation  often  forgets  that  it  was  not  left  for  Luther 
first  to  point  out  the  abuses  in  the  Church.  The  poem  given  below  was  written 
some  three  centuries  before  Luther's  birth  and  enjoyed  great  popularity  in  the 
thirteenth  and  fourteenth  centuries.  It  was  not  improbably  composed  by  a  very 
clever  churchman,  Walter  Mapeor  Mapes,  who  was  a  member  of  the  literary  cir- 
cle which  Henry  II  of  England  gathered  about  him.  It  is  but  one  of  a  great 
number  of  Latin  poems  originating  at  the  same  period,  "remarkable  chiefly  for 
pungency  of  satire  or  sprightliness  of  composition."  They  were  the  work  of  uni- 
versity men  and  show  us  that  the  church  never  succeeded  in  checking,  at  least 
among  the  educated,  the  most  open  and  scornful  strictures  upon  the  clergy. 

The  poem,  of  which  only  a  portion  is  given  below,  represents  the  poet  as 
caught  up  into  heaven,  where  he  sees  visions  suggested  by  the  Apocalypse  of  St. 
John.     The  translation  here  given  is  one  made  under  Elizabeth  or  a  little  later. 

From  The  Latin  Poems  attributed  to  Walter  Mapes,  edited  by  Thomas  Wright, 
Camden  Society's  Publications,  London,  1841,  pp.  271  fif. 

[After  a  burst  of  thimcler  a  "goodlie  personage"  appears  and  bids 
the  poet  "Marke  well  and  uudirstaud."] 

And  when  he  had  thus  done  he  did  bringe  out  a  booke, 

Whiche  booke  had  titles  seven,  and  seven  sealles  sealled  well, 

And  withe  a  stedfast  eye  badde  me  therein  to  looke, 
And  se  therbie  what  I  to  all  the  world  should  tell. 

Of  bisshopes'  life  and  trade,  this  book  hathe  right  good  skill, 
As  by  the  sealles  thereof  more  plainlie  dothe  appeare, 

For  in  the  inner  part  is  hidd  all  that  is  ill, 

But  to  the  outeward  shewe  all  godlie  thinges  appeare. 

Anon  a  certaine  ]30wer  there  was  that  opened  cleare 

The  formost  chapter's  seale,  and  then  I  did  espie 
Foil  re  beasts,  whose  shape  eche  one  unlike  to  other  were, 

]>ut  nothinge  yet  at  all  in  gesture  contrarie. 

The  first  of  theise  four  })easts  a  lion  senide  to  be, 

The  secund  like  a  catilfe,  the  third  an  eagle  stout, 
The  fourthe  was  like  a  man  ;  and  they  had  wings  to  flie, 

And  full  of  even  thev  were,  and  turnd  like  wheeles  about. 


KKVKI.ATIOX    OK    <;<)IJAS. 

And  when  unclo.sed  was  the  iir,st  sealle.s  knotte  anon, 
And  1  peni.sed  well  the  chapter  thoroug'h  cleare, 

And  aftir  that  I  beut  my  whole  sight  thereii[);)n, 
Whereof  the  title  was  as  here  it  may  appeare. 

The  lion  is  the  Pope,  that  useth  to  deyoure, 

And  laiethe  his  hookes  to  pledge  and  thirsteth  aftir  gold, 

And  dothe  regard  the  marke,  hut  sainct  Marke  dishonor. 
And  while  he  sailes  alofte  on  coyne  takes  anker  holde. 

And  to  the  Bisshoppe  in  the  caiilfe  that  we  did  se, 

For  he  dothe  rumie  before  in  pasture  feild,  and  fenne, 

And  guawes  and  chewes  on  that  where  he  list  best  to  be, 
And  thus  he  filles  himselfe  with  goodes  of  other  men. 

Th'  Archdeacon  is  likewise  the  egell  that  dothe  fiie, 
A  robber  rightlie  cald,  and  sees  a-farre  his  praie, 

And  aftir  it  with  speed  dothe  follovy  by  and  by, 

And  so  !)y  theft  and  spoile  he  leades  his  life  awaie. 

The  Deane  is  he  that  hathe  the  face  and  shape  of  man, 

Withe  fraude,  desceipt,  and  guile  fraught  full  as  he  may  be, 

And  yet  dothe  hide  and  cloke  the  same  as  he  best  can, 
Undir  pretence  and  shewe  of  plaine  simplicitie. 

And  theis  haye  winges  to  flye,  eche  one  of  these  said  foure. 
Because  they  flye  abrode,  and  lie  about  affaires, 

And  they  haye  eyes  eche  one,  because  that  eyerye  houre 
They  looke  about  for  gaine,  and  all  that  may  be  theires. 

Then  boisterous  wyndes  arose,  and  earthequakes  by  and  by. 
And  there  was  harde  a  voice  of  thunder  from  aboye, 

That  sounded  Ephata,  which  woorde  dothe  signifie 
An  openinge,  and  anon  the  fifthe  seale  did  renioye. 

When  I  the  chapter  sawe  I  reade  the  preface  than, 

And  there  the  life  and  trade  of  priestes  I  marked  well. 

Which  doe  dishonor  God,  that  all  thinges  first  beganne. 
Whiles  for  one  penyes  gaine  the  Trinitie  they  sell. 

Full  filthelie  the  priest  dothe  service  celebrate 

Withe  voyce,  and  breathes  on  God  his  surfet's  belchinge  cheere ; 
And  hathe  twoo  Latin  names,  but  not  bothe  of  one  rate, 

Sacerdos  is  the  one,  the  other's  Presl)iter. 


4  TRANSLATIONS    AND    REPRINTS. 

He  cannot  brooke  as  well  Sacerdos  name  by  right, 
For  by  the  other  name  men  ought  to  call  him  more, 

When  he  gives  holie  thiuges  then  he  Sacerdos  hight, 
But  Presbiter  when  he  hathe  drunck  well  thrise  before. 

He  is  more  bolde  to  synne,  because  he  heares  in  Lent 

The  people's  greivous  crymes,  and  all  their  synnes  at  large, 

And  all  the  faultes  for  whiche  they  ought  for  to  be  shent, 
And  thus  he  countes  his  owne  to  be  of  smallest  charge. 

>t^  >|<  >!<  >1<  ^  ^  ^ 

Then  at  the  fearfull  noyse  of  this  huge  heydeous  crye. 
My  guyde  beganne  to  strike  and  tremble  all  for  feare, 

And  like  a  mased  corpes  for  fright  nigh  dead  stood  I, 
Until  I  plaiulie  sawe  the  seventhe  scale  to  appeare. 

I  saw  the  workes  and  trade  of  Abbottes  there  eche  one, 
Of  whom  their  flock  to  leade  to  hell  not  one  doethe  misse. 

In  cloister  movinge  aye,  in  chamber  still  as  stone, 
But  in  the  chapter  howse  muche  like  ague  is. 

AH  worldlie  pomp  these  men  doe  utterlie  dispise. 

Which  maye  be  proved  well  by  their  still  silent  spirit. 

And  by  their  contrite  hart,  and  water  from  their  eyes. 
And  by  their  shavinge  vile,  and  habit  like  to  yt. 

But  where  their  garmentes  bene  bothe  fowle  and  also  bare, 
All  Venus  sport  in  them  with  lesse  suspect  maye  be. 

And  thoughe  uncomelie  be  the  shavinge  of  their  bearde. 
Unto  the  drincking  potte  their  face  is  much  more  free. 

And  thoughe  with  contrite  hart  they  use  muche  for  to  weepe. 
Yet  laughe  they  on  the  cuppe  and  smilinglie  they  beck, 

And  thoughe  with  silent  breathe  they  can  their  tunge  in  keepe, 
^\"ithe  finger  they  can  point,  and  speke  reproche  and  check. 

At  dyner  when  they  sitte,  to  which  they  gone  apace, 

Theyr  jawes  are  verie  swifte,  their  teeth  muche  paine  do  take. 

Their  throte  an  open  grave,  their  stomock  in  like  case 
A  foming  whirle])oole  is,  eche  finger  is  a  cake. 

And  when  the  Ab])at  dothe  amonge  his  bretheren  suppe. 
Then  tossed  are  the  cup[)es  with  (piaffinge  to  and  froe, 


REVELATION    OE    (iOLIAB.  ^ 

And  then  with  botbe  his  handes  the  wine  he  hohleth  iinpe. 

And  with  Ji  thnndering-e  voice  thet^e  wordes  he  doth  out  hh)we  : 

"  O  how  niuche  gh)rioiis  is  the  lordes  lamp  so  bright, 

The  cnppe  in  strong  man's  hande,  that  makes  men  druncke  I  meane. 
O  Baccns,  god  of  wyne  !  our  covent  guyde  aright, 
Withe  fruict  of  Daviddes  stocke  to  wash  us  thoroughlie  cleane." 

And  aftir  this  the  cuppe  he  takethe  from  the  breade, 
And  cryes  alowde,  "Ho!  sires,  can  yow  as  well  as  I 

Drincke  this  cuppe  in  his  kind  that  I  lift  to  my  heade?" 
They  annswer,  "Yea,  we  can,"  then  goe  to  by  and  by. 

And  least  that  anie  one  should  kepe  with  him  the  cuppe 
Till  he  had  druncke  but  halfe,  and  so  might  rise  thereby 

Amonge  them  some  debate  and  strife,  they  drincke  all  uppe, 
And  thus  they  plie  the  potte,  and  quaffinge  quietlie. 

And  they  make  a  lawe,  to  which  eche  one  must  stand, 

That  nothiuge  shalbe  left  within  the  cuppe  to  spill. 
And  thus  without  the  rest  of  bellie  or  of  hand. 

They  drawe  one  vessell  out,  and  then  one  other  fill. 

Then  of  a  moncke  a  right  demoniacke  is  made. 

And  everie  moncke  dothe  chatte  and  jangle  wdth  his  brother. 

As  popingaye  or  pie,  the  wdiich  are  taught  this  trade. 
By  filling  of  their  gorge,  to  speake  one  to  an  other. 

Their  order  to  transgresse,  thei  have  but  small  remorce, 

By  fraude  and  perjurie,  by  missreport  and  spite, 
By  gredines  of  mynde,  withholdinge  thinges  by  force, 

By  filling  of  their  pawnches,  and  iieshlie  fowle  delight. 

Wurse  than  a  moncke  there  is  no  feende  nor  sprite  in  hell, 
Nothinge  as  covetuouse  nor  more  straunge  to  be  knowen, 

For  yf  yow  give  him  ought,  he  male  possesse  it  well. 
But  if  you  aske  him  ought,  then  nothiuge  is  his  owne. 

And  yf  he  dyne  he  must  no  wordes  nor  talkinge  make, 

Least  that  his  tounge  doe  let  his  teethe  to  chewe  his  meate, 

And  if  he  drinck  he  must  needes  sit  his  draught  to  take, 
Lest  that  his  foote  doe  faile,  his  belly e  is  so  great. 


b  TRANSLATIONS    AND    REPRINTS. 

11.     HERESY    AND    THE   INQUISITION, 
XIII  AND  XIV  CENTURIES. 

Nothing  is  more  difficult  for  the  student  in  our  tolerant,  if  not  indifferent  age, 
than  to  understand  the  universal  and  deeply  rooted  horror  of  heresy  which  pre- 
vailed, not  only  during  the  thirteenth  and  fourteenth  centuries,  but  down,  at 
least,  to  the  eighteenth  century.  Heresy  was  treason  against  an  institution  which 
was  regarded  by  practically  the  whole  body  of  the  people,  both  learned  and  un- 
learned, as  not  only  essential  to  the  salvation  of  the  soul  but  as  a  necessai-y  bulwark 
of  all  order  and  civilization.  Frank  criticism  of  the  abuses  of  the  church  has  pre- 
vailed among  the  more  conscientious  and  cultivated  classes  from  the  first.  But  it 
must  be  remembered  that  a  consciousness  of  the  wickedness  of  the  individual  officers 
of  the  church,  including  even  the  Pope  himself,  did  not  constitute  heresy  any  more 
than  a  criticism  of  the  administration  of  a  corrupt  municipal  "ring"  constitutes  a 
repudiation  of  government  altogether.  Many  still  hold  that  the  "incendiary" 
propaganda  of  an  Anarchist  should  be  checked.  So  it  was  generally  agreed  that 
the  treason  of  a  Wycliff,  or  a  Huss,  against  God  and  His  holy  church  on  earth 
should  be  met  by  the  prompt  exe'cution  of  the  offender.  The  following  docu- 
ments show  how  cordially  the  temporal  rulers  co-operated  with  the  church  in  the  de- 
tection and  punishment  of  what  was  looked  upon  as  the  most  horrible  of  all 
crimes.  The  legislation  here  given  covered  the  greater  part  of  western  Europe  and 
was  drawn  up  under  the  auspices  of  its  most  enlightened  rulers.  The  simple 
monk,^  the  theologian,  the  monarch,  the  finished  scholar  like  Peti'arch,  all  express 
the  same  horror  of  this  otifense. 

I.       THE  BODY  OF  A  BURNT  HERETIC  TURNS   INTO  TOADS. 

Lucae  Tudensis  Episcopi  De  Altera  Vita  lib.  HI,  chap.  15,  in  Magna  Bib- 
liotheca  Veterum  Patrum  (Ed.  Coloniae  Agrippinae,  1618)  :  vol.  xiii  p.  283.   Latin. 

From  tlie  lips  of  the  same  brother  Elias,  a  venerable  man,  I  learned 
that  when  certain  heretics  were  scattering  the  virulent  seeds  of  error 
in  parts  of  Burgundy,  both  the  Preaching  Friars  and  the  Minorites 
drew  the  two-edged  sword  of  God's  word  against  these  same  heretics, 
opposing  them  valiantly  until  they  were  finally  taken  by  the  magistrate 
of  the  district.  He  sent  them  to  the  iiery  stake  as  they  merited,  in 
order  that  these  workers  of  iniquity  should  perish  with  their  wickedness 
as  a  wholesome  lesson  to  others.  Quantities  of  wood  having  been  su])- 
l)lied  in  ])lenty  to  feed  the  flames,  suddenly  a  toad  of  wonderful  size 
which  is  s(jmetimes  called  cmpaldm,  appeared,  and  without  being  driven 
betook  itself  of  its  own  accord  iuto  the  midst  of  the  flames.      One  of  the 


'  See  a  diverting  tale  l)y  Caesar  Heisterliach  to  illustrate  this  in  Translations  and 
Reprints,  Vol.  II,  Xo.  4,   "  Monastic  Tales"  pp.  9  ff. 


])ES('KirTI()N    OK    TlIK    A  I.BK^KN.SEH.  7 

heretics,  who  was  reported  to  be  their  bishop,  had  fallen  on  his  back  in 
the  tire.  The  toad  took  his  place  on  this  man's  face  and  in  the  sight  of 
all,  ate  out  the  heretic's  tong'ue.  By  the  next  day  his  whole  body 
except  his  bones,  had  been  turned  into  disgusting  toads,  which 
could  not  be  counted  for  their  great  number.  The  inhabitants,  seeing 
the  miracle,  glorified  God  and  praised  Him  in  His  servants,  the  preach- 
ing monks,  because  the  Lord  had,  in  His  mercy,  delivered  them  from 
tlie  horror  of  such  pollution.  God  omnipotent  surely  wished  to  show 
through  the  most  unseemly  and  filthiest  of  animals,  how  foul  and  infa- 
mous are  the  teachings  of  heretics,  so  that  all  might  thereafter  carefully 
shun  the  heretic,  as  they  would  the  poisonous  toad.  Just  as  among  four- 
footed  creatures  the  toad  is  held  the  foulest,  so  the  teachings  of  the 
heretic  are  more  debased  and  filthy  than  those  of  any  other  religious 
sect.  The  blindness  of  heresy  justifies  the  perfidy  of  the  Jews.  Its  pol- 
lution makes  the  madness  of  the  Mohanmiedans  a  pure  thing  in  con- 
trast. The  licentiousness  of  the  heretics  would  leave  Sodom  and  Go- 
morrah stainless.  What  is  held  most  enormous  in  crime,  becomes  most 
holy,  when  compared  with  the  shame  and  ignominy  of  heresy.  Thus, 
Dear  Christian,  flee  this  unspeakable  evil,  in  comparison  with  which  all 
other  crimes  are  as  trifles. 

2.       DESCRIPTION    OF    THE    ALBIGENSES. 

I),  (iuidonis,  Pratica  Inquisitionis  Heretice  Pravitatis,  Pars  V.  Chap.  I,  Sec.  4.  Latin, 

It  would  take  too  long  to  describe  in  detail  the  manner  in  which 
these  same  Manichean  heretics  preach,  and  teach  their  followers,  but  it 
must  be  briefly  consdered  here. 

In  the  first  place  they  usually  say  of  themselves  that  they  are  good 
Christians,  who  do  not  swear,  or  lie,  or  speak  evil  of  others ;  that  they 
do  not  kill  an}^  man  or  animal  nor  any  thing  having  the  breath  of  life, 
and  that  they  hold  the  faith  of  the  Lord  Jesus  Christ  and  His  Gospel, 
as  Christ  and  His  x\postles  taught.  They  assert  that  they  occupy  the 
place  of  the  apostles,  and  that  on  account  of  the  above  mentioned  things 
those  ol  the  Roman  Church,  namely,  the  prelates,  clerks  and  monks, 
persecute  them,  especially  the  Inquisitors  of  Heresy,  and  call  them 
heretics,  although  they  are  good  men  and  good  Christians,  and  that  they 
are  persecuted  just  as  Christ  and  his  apostles  were  by  the  Pharisees. 

They  moreover  talk  to  the  laity  of  the  evil  lives  of  clerks  and  pre- 
lates of  the  Roman  Church,  pointing  out,  and  setting  forth  their  pride, 


8  TRANSLATIONS    AND    REPRINTS. 

cupidity,  avarice  aud  imcleaoness  of  life  and  such  other  evils  as  they 
know.  They  invoke  with  their  own  interpretation,  and  according  to 
their  abilities,  the  authority  of  the  Gospels  and  the  Epistles  against  the 
condition  of  the  prelates,  churchmen  and  monks,  whom  they  call 
Pharisees  and  false  prophets,  who  say,  but  do  not. 

Then  they  attack  and  vituperate,  one  after  the  other,  all  the  sacra- 
ments of  the  church,  especially  the  sacrament  of  the  Eucharist,  saying 
that  it  cannot  contain  the  body  of  Christ,  for  had  this  been  as  great  as 
the  largest  mountain.  Christians  would  have  consumed  it  entirely  before 
this.  They  assert  that  the  host  comes  from  straw,  that  it  passes  through 
the  tails  of  horses,  to  wit,  when  the  flour  is  cleaned  by  a  sieve,  [of 
horse  hair] .  That  moreover  it  passes  through  the  body  and  comes  to  a 
vile  end  which,  they  say,  could  not  happen  if  God  were  in  it.  Of  bap- 
tism, they  assert  that  water  is  material  and  corruptible,  and  is  therefore 
the  creation  of  the  Evil  Power  and  cannot  sanctify  the  soul,  but  that  the 
churchmen  sell  this  water  out  of  avarice,  just  as  they  sell  earth  for  the 
burial  of  the  dead,  and  oil  to  the  sick  when  they  anoint  them,  and  as 
they  sell  the  confession  of  sins  as  made  to  the  priests.  Hence,  they  claim 
that  confession  made  to  the  priests  of  the  Roman  Church  is  useless,  and 
that  since  the  priests  may  be  sinners,  they  can  not  loose  nor  bind,  and 
being  unclean  themselves,  cannot  make  another  clean.  They  assert, 
moreover,  that  the  Cross  of  Christ  should  not  be  adored  or  venerated, 
because,  as  they  urge,  no  one  would  venerate  or  adore  the  gallows  upon 
which  a  father,  relative  or  friend  had  been  hung.  They  urge  farther 
that  they  who  adore  the  cross  ought  for  similar  reasons  to  worship  all 
thorns  and  lances  because,  as  Christ's  body  was  on  the  cross  during  the 
passion,  so  was  the  crown  of  thorns  on  his  head,  and  the  soldier's  lance 
in  his  side.  They  proclaim  many  other  scandalous  things  in  regard  to 
the  sacraments.  They,  moreover,  read  from  the  Gospels  and  the  Epistles 
in  the  vulgar  tongue,  applying  and  expounding  them  in  their  favor  and 
against  the  condition  of  the  Roman  Church  in  a  manner  which  it  would 
take  too  long  to  describe  in  detail,  but  all  that  relates  to  this  subject 
may  be  read  more  fully  in  the  books  they  have  written  and  infected, 
and  may  be  learned  from  the  confessions  of  such  of  their  followers  as 
have  been  converted.^ 


1  The  reader  will  find  a  most  interesting  extract  from  the  Archives  of  the  In- 
quisition at  Carcassonne  in  Lea's  Inquisition,  Appendix  to  Vol.  I.  where  the  rea- 
sons are  given  which  were  customarily  advanced  by  the  Albigenses  (Cathari)  for 
attributing  the  Old  Testament  to  the  inspiration  of  the  Evil  Principle. 


the  averroi8ts.  9 

3.     Petrarch's  description  of  the  averroists. 

Opera  Omnia  (Basle  1581),  Epistolae  rerum    senilium,    Lib.    V,    III.     Latin. 
Also,  in  French,  in  Develay:  Lettres  de  Petrarquea  Boccace  (Paris  1891),  pp.  184  ft. 

How  are  we  to  deal  with  another  monstrous  kind  of  pedant  who, 
in  spite  of  a  religious  garb,  is  most  profane  in  heart  and  conduct,  he  who 
would  have  us  believe  that  Ambrose,  Augustine  and  Jerome  were  igno- 
ramuses, for  all  their  wordy  treatises?  I  do  not  know  the  origin  of  these 
new  theologians,  who  do  not  spare  the  great  teachers  and  will  soon  cease 
to  respect  even  the  Apostles  and  the  Gospel.  They  will  soon  turn  their 
impudent  tongues  against  Christ  himself,  unless  He  wiiose  cause  is  at 
stake  interferes  to  curb  these  raging  beasts.  For  it  has  already 
l^ecome  a  well  established  habit  with  these  fellows,  to  express  their  scorn 
by  a  mute  gesture  or  by  some  impious  observation,  whenever  revered 
names  or  sacred  subjects  are  mentioned.  ''Augustine,"  they  will  say 
for  example,  "saw^  much,  but  understood  little."  Nor  do  they  speak 
less  insultingly  of  other  great  men. 

Recently  one  of  these  philosophers  of  the  modern  stamp  happened 
to  be  in  my  library.  He  did  not,  it  is  true,  wear  the  habit  of  a  church- 
man, but,  as  we  know,  the  real  Christian  is  known  by  his  belief.  He 
was  one  ofthose  who  think  that  they  live  in  vain  unless  they  vomit  out  some- 
thing against  Christ  or  his  divine  teachings.  When  I  cited  some  pas- 
sage or  other  from  the  holy  scriptures,  he  exploded  with  wrath,  and  with 
his  face,  naturally  ugly,  still  further  disfigured  by  anger  and  contempt, 
he  exclaimed,  "You  are  welcome  to  your  piddling  church  fathers;  as 
for  me,  I  know  w^hom  I  should  follow,  for  I  knoiu  him  whom  I  hare 
believecV'^  "But,"  I  replied,  "you  use  the  words  of  the  apostle;  would 
that  you  w^ould  take  them  to  heart!"  "Your  apostle,"  he  answered, 
"was  a  sower  of  w^ords  and  a  lunatic."  "You  reply  like  a  good  philoso- 
pher," I  said.  "The  first  accusation  was  brought  against  him  by  other 
philosophers  and  the  second  to  his  face,  by  Festus,  governor  of  Lycia. 
He  did  indeed  sow  the  word  with  such  success  that,  cultivated  by  the 
beneficent  plow  of  his  successors,  and  w^atered  by  the  holy  blood  of  the 
martyrs,  it  has  borne  such  an  abundant  harvest  of  faith  as  all  may 
behold."  At  this  he  burst  forth  into  a  sickening  roar  of  laughter.  "So 
you  are  a  good  Christian  ?  as  for  me  I  put  no  faith  in  all  that  stuff. 
Your  Paul  and  your  A  ugustine  and  all  the  rest  of  the  crowd  you  preach 

III.  Timothy  I,  12. 

■■^Luther  reports  that  one  who  looked  with  disapprobation  upon  the  vices  of  the 
churchmen  was  called  "  Bon  Christian,"  in  Italy. 


lO  TRANSLATIONS    AND    REPRINTS. 

about,  were  a  set  of  babblers.  If  you  could  but  endure  Averroes 
you  would  quickly  see  how  far  superior  he  was  to  these  empty-headed 
fellows."  I  was  very  augry,  I  must  confess,  and  could  scarcely  keep 
from  striking  his  filthy,  blasphemous  mouth.  "It  is  the  old  question 
between  me  and  the  heretics.  You  may  go,"  I  cried — "you 
and  your  heresy,  never  to  return."  With  this  I  plucked  him  by 
the  gown  and,  with  a  want  of  ceremony  less  in  consonance  with  my 
habits  than  his  own,  hurried  him  out  of  the  house. 

There  are  thousands  of  instances  of  this  kind  where  nothing  will 
prevail — not  the  majesty  of  the  Christian  name,  nor  the  reverence  for 
Christ  himself,  whom  the  angels  fall  down  and  worship,  though  weak 
and  depraved  mortals  may  insult  Him  ;  nor  even  the  fear  of  punishment 
or  the  armed  inquisition  of  heresy.  Prison  and  stake  are  alike  impo- 
tent to  restrain  the  impudence  of  ignorance  and  the  audacity  of  heresy. 

Such  are  the  times,  my  friend,  upon  which  w^e  have  fallen;  such  is 
the  period  in  which  we  live  and  are  already  growing  old.  Such  are  the 
judges  against  whom  I  have  so  often  inveighed,  who,  innocent  of  know- 
ledge or  virtue,  harbor  the  most  exalted  opinion  of  themselves.  Not 
content  with  losing  the  works  of  the  ancients,  they  must  attack  their 
ability  and  their  ashes.  They  rejoice  in  their  ignorance,  as  if  what  they 
did  not  know  were  not  worth  knowing.  They  give  full  reign  to  their 
unlicensed  and  conceited  spirits  and  freely  introduce  among  us  new 
authors  and  outlandish  teachings. 


4.       FROM  THE  CONSTITUTIONS  OF  THE  KINGDOM  OF  SICILY. 

Historia    diplomatica    Frederici    Secundi,   ed.   Huiliard-Breholles,    Tom.   IV, 
I'art  I,  pp  5,  seq.      Latin. 

TITLE    I.    B. 

Coucernuuj  Heretics  and  Patavlns. 

The  heretics  endeavor  to  rend  the  seamless  garment  of  our  Lord, 
and  in  accordance  with  their  vi(Mous  name,  which  means  division,  they 
w(Mdd  destroy  the  unity  of  that  same  indivisible  faith.  They  would 
witli(h-aw  the  sheep  from  Peter's  guardianshi}),  to  which  they  were 
entrusted  by  the  Good  Shepherd.  They  are  ravening  wolves  within, 
but  feign  a  hjve  for  the  flock,  until  they  shall  have  crept  into  the  Lord's 
fold.  Tliey  are  bad  angels,  sons  of  ])erversity,  appointed  by  the  father 
of  lies  and  deception  to  mislead  the  sim})le  minded.     They  are  serpents 


HERETICS    AND    P  AT  A  R  INS.  II 

who  deceive  the  doves.  Like  serpents  they  creep  stejdthily  abroad  ;  with 
honeyed  sweetness  they  vomit  forth  their  virus.  While  they  pretend  to 
offer  life-giving  food,  they  strike  with  their  tail,  and  prepare  Ji  deadly 
draught,  as  with  some  dire  poison.  These  sects  do  not  assume  the  old 
names,  lest  they  should  he  recognized,  but,  what  is  perhaps  more  heinous, 
not  content  like  the  Arians,  who  took  their  name  from  Arius,  or  the 
Nestorians  from  Nestorius,  and  others  of  the  same  class,  they  must  imi- 
tate the  example  of  the  martyrs,  who  suffered  death  for  the  catholic 
faith.  They  call  themselves  Patarins,  as  if  they,  too,  were  sufferers. ' 
These  same  wretched  Patarins,  who  refuse  to  accept  the  holy  belief  in 
the  eternal  Trinity,  under  a  single  combination  of  wickedness  offer  a 
triple  offence.  They  offend  God,  their  neighbor  and  themselves, — God, 
since  they  refuse  to  place  their  faith  in  Him  or  recognize  His  Son  ;  their 
fellow-men  they  deceive,  for  they  offer  them  the  sednctions  of  a  perverse 
heresy  under  the  form  of  spiritual  nurture.  They  rage  even  more 
fiercely  against  themselves  for,  prodigal  of  life  and  careless  of  death,  in 
addition  to  the  sacrifice  of  their  sonls,  they  involve  their  bodies  in  the  toils  of 
a  horrible  end,  which  they  might  avoid  hy  acknowledging  the  truth  and 
adhering  to  the  true  faith.  What  is  worst  of  all,  the  survivors  are  not 
terrified  by  such  examples. 

t  Against  these  who  offend  alike  against  God,  themselves  and  their  fel- 
■  low-men,  we  cannot  restrain  ourselves  and  must  draw  forth  the  sword  of 
merited  retribution.  We  pursue  them  the  more  closely,  inasmuch  as 
they  are  known,  to  the  obvious  prejudice  of  the  Christian  faith,  to  extend 
the  crimes  of  their  superstition  toward  the  Koniaii  Church,  which  is 
regarded  as  the  head  of  all  other  churches.  Thus  from  the  confines  of 
Italy,  especially  from  parts  of  Lombardy,  where  we  are  convinced  that 
their  wickedness  is  widespread,  we  now  find  rivulets  of  their  perfidy 
reaching  even  to  our  kingdom  of  Sicily.  Feeling  this  most  acutely,  we 
decree,  in  the  first  place,  that  the  crime  of  heresy  and  of  reprehensible 
teaching  of  whatever  kind,  by  whatever  name  its  adherents  may  ])e 
known,  shall,  as  provided  by  the  older  laws,  be  included  among  the 
recognized  crimes.  (For,  should  not  what  is  recognized  to  be  an  offense 
against  the  Divine  Majesty,  be  judged  more  terrible  than  the  crime  of 
lese-majesty    directed  against  ourself,  although  in  the  eyes  of  the  law 


^The  name,  which  seems  here  to  be  derived  h'om patior,  to  suffer,  appears  to 
have  been  given  to  the  Milanese  Cathari,  because  they  hved  among  llie  rag-picl<;ers 
or  Patari.  cf.  Mr.  Lea's  History  of  the  Inquisition,  I,   114. 


12  TRANSLATIONS    AND    REPRINTS. 

one  is  not  graver  than  the  other?)  As  the  crime  of  treason  deprives  the 
guilty  of  life  and  property,  and  even  blackens  the  memory  of  the  dead, 
so  in  the  aforesaid  crimes  of  which  the  Patarins  are  guilty,  we  wish  the 
same  rules  to  be  observed  in  all  respects.  x\nd  in  order  that  the  wick- 
edness of  those  who  walk  in  darkness,  since  they  do  not  follow  God, 
should  be  thoroughly  exterminated,  we  wish  those  who  practice  this 
class  of  crimes  should,  like  other  malefactors,  be  diligently  sought  for 
and  hunted  out  by  our  officers.  If  such  be  discovered,  even  if  there  be 
only  the  slightest  suspicion  of  their  guilt,  we  command  that  they  shall 
be  examined  by  churchmen  and  prelates.  If  they  shall  be  discovered 
by  these  to  have  deviated  from  the  Catholic  faith,  even  in  a  single 
respect,  and  if,  when  admonished  by  such  churchmen,  in  their  function 
of  pastors,  they  refuse,  by  leaving  the  wiles  of  the  Devil,  to  recognize  the 
God  of  light,  and  stubbornly  adhere  to  their  error,  we  command,  by  this 
our  present  edict,  that  such  condemned  Patarins  shall  suffer  the  death 
they  court ;  that,  condemned  to  the  sentence  of  the  flames,  they  shall  be 
burned  alive  in  the  sight  of  the  people.  Nor  are  we  loath  to  satisfy 
their  cravings  in  this  respect,  for  they  only  suffer  the  penalty  of  their 
crime  and  reap  no  farther  gain.  No  one  shall  dare  to  intercede  with 
us  for  any  such,  and  should  any  one  presume  to  do  this,  we  shall  pro- 
perly direct  the  darts  of  our  indignation  against  him,  too. 

TITLE  II. 

The  emperor  Frederich,  concerning  those  who  receive,  adhere  to 
or  favor  the  Patarins,  their  accomplices  or  fautors} 

All  who  shall  receive,  trust,  aid  or  abet  the  Patarins,  in  any  way, 
seeking  to  shield  others  from  a  penalty  which  they  rashly  do  not  fear 
for  themselves,  shall  be  deprived  of  all  their  goods  and  bani^jhed  forever. 
Their  sons  shall  thereafter  be  excluded  from  all  honors  whatsoever  and 
shall  be  ])randed  with  perpetual  disgrace-..  They  shall  not  be  permitted 
to  act  as  witnesses  in  any  case,  but  shall  be  rejected  as  infamous.  But 
if  any  one  of  the  sons  of  such  har borers  or  fautors  shall  point  out  a 
Patarin,  whose  guilt  shall  be  thus  ju'oven,  he  shall,  by  the  imperial 
clemency,  be  freed  from  the  opprobrium  and  restored  to  his  full  rights 
in  view  of  the  good  faith  which  he  has  shown. 


^The  comprehensive   Latin  expressifjn   is   patarcnorinn    receptoribiis,  cre- 
deniibus,  complicibiis  etfauioribiis. 


CONCERNING    HERETICS.  1 3 

5.    (a)     FROM  THE  SACHSENSPIE(iEL. 

Der  vSaclisenspiegel,  herausgegeben  von  Dr.  J.  Weiske  (Fiiiifie  Auf.)  IJuch   2, 
Alt.  13,  I  7.    Old  German. 

Any  Christiau  man  who  is  an  nnbelievei*,  or  who  practices  ])oison- 
ing,  and  is  convicted  shall  be  burnt  at  the  stake. 


(b)     FROM  THE  SCHWABENSPIEGEL. 

Der  Schwabenspiegel,  herausg.  von  Wackernagel,  pp.  241-3  (Cap.  258).   Old 
German. 

Coneenmig  Heretics. 

Where  persons  are  believed  to  be  heretics,  they  shall  be  accused 
})efore  the  spiritual  court,  for  they  should  in  the  first  place  be  tried  by 
ecclesiastics.  When  they  are  convicted  they  shall  be  taken  in  hand  by 
the  secular  court,  which  shall  sentence  them  as  is  right ;  that  j.s^  say, 
tliey  shall  be  burned  at  the  stake.  If^  however,  the  judge  protects  them, 
or  makes  any  illegal  concessions  and  does  not  sentence  them,  he  shall  be 
exconnnunicated,  and  that  in  the  most  severe  form.  This  shall  be  done 
by  a  bishop.  When  there  is  a  temporal  judge  above  the  first  judge,  he 
shall  pass  judgment  upon  him  as  he  should  have  judged  the  heretic. 
In  case  a  feudal  lord  does  not  bring  heretics  to  judgment,  but  protects 
them,  the  ecclesiastical  court  shall  excommunicate  him.  If  such  prince 
does  not  yield  within  the  space  of  a  year,  his  bishop,  who  excommuni- 
cated him,  shall  report  his  evil  deeds  to  the  Pope  and  the  length  of  time 
he  has  remained  excommunicated  for  the  same.  Then  shall  he  [the 
Pope]  with  propriety  deprive  him  of  his  princely  office  and  of  all  his 
dignities.  This  the  Pope  shall  bring  to  the  notice  of  his  king  and  his 
other  judges.  These  shall  substantiate  the  sentence  of  the  Pope  with 
their  sentence.  He  shall  ^e  deprived  of  all  his  goods,  his  fiefs  and  all 
his  worldly  honors!'"  Thus  shall  lords  and  poor  men  be  judged.  The 
fitness  of  this  is  thus  shown : 

There  was  once  a  Pope  at  Rome  called  Zacharias.  In  his  time 
there  was  a  king  of  France  called  Lescandus  who  protected  the  heretics 
unlawfully.  He  was  king  before  King  Pippin,  King  Charles'  father. 
Him  the  Pope  deposed  from  his  kingship  and  from  all  his  honors.  And 
Pippin  became  king  in  his  stead  during  his  natural  life.  We  read,  too, 
that  Pope  Innocent  deposed  King  Otto  of  the  Roman  Empire,  on  account 
of  his  ill  deeds.     This  the  popes  have  a  right  to  do,  as  God  spake  to 


14 


TRANSLATIONS    ANlJ    REPRINTS. 


Jeremiah,  saying,  "I  have  set  thee  over  all  the  nations  and  over  all  the 
kingdoms  to  judge." 


6.        (a)  FROM  AN  EDICT  OF  SAINT  LOUIS  DIRECTED  AGAINST  THE 
HERETICS    OF  LANGUEDOC,   (l228.) 

Isambert  Recueil  general    des    anciennes  lois  francaises,     Vol.    T,    p.    233 : 
Latin. 

Moreover,  since  the  keys  of  the  church  are  often  despised  in  that 
country  [Languedoc],  we  command  that  excommunicated  persons  shall 
be  avoided  according  to  the  canonical  provisions,  and  that  if  any  one 
shall  contumaciously  remain  in  a  state  of  excommunication  for  a  year, 
he  shall  be  forced  by  material  means  ^  to  return  to  the  unity  of  the 
Church,  in  order  that  those  who  are  not  induced  to  leave  their  evil  way 
by  the  law  of  God,  may  be  brought  back  by  temporal  penalties.  We 
therefore  order  that  our  bailiffs  shall,  after  one  year,  seize  all  the  prop- 
erty, both  real  and  personal,  of  all  such  excommunicated  persons.  And 
on  no  account  shall  such  property  be  in  any  way  returned  to  snch  per- 
sons, until  they  have  been  absolved  and  have  rendered  satisfaction  to 
tke  church,  and  then  only  by  our  special  order.  '^ 

(b)     FROM  THE  ETABLISSEMENTS  OF  SAINT  LOUIS. 

Etablissements  de  Saint  Louis  (ed.  Viollet),  Livre  I,  Cap.  90,    Old  French. 

If  any  be  suspected  of  heresy,  the  magistrate  shall  lay  hold  of  him 
and  send  him  before  the  bishop.  If  he  be  convicted,  he  shall  be  burned, 
and  all  his  personal  property  shall  revert  to  his  lord. 

7.        (a)     FORM  OF  OATH  TAKEN   UPON    THE    BOOK  OF    THE  GOSPELS    BY 
THE  SENESCHALS  AND  MAGISTRATES  OF  THE  LORD  KING. 

B.  Ciuidonis  Pratica  Inqui.sitionis  Pravitatis  Heretice  (ed.  Douais),  Paris,  1886, 
p.  87.    Latin. 

We,  ^''  '''^ '''  ''S  a  Seneschal  and  a    Vicariiis  of  Toulouse  and,  -'^  -^  -'^  '^, 


'  IsainlxMt  gives  spiriLualiter  l)ut  appnn'es  the  reading  corporaliter. 

''■  Article  2  of  this  same  edict,  provides  thai  condemned  heretics  shall  be 
"duly  punished"  [debita  pnniantur),  but  death  by  lire  is  explicitly  provided  for, 
in  the  Etablissements  published  some  forty  years  hiUr. 


RELAXATION    TO    TIIIO    SKCILAK    A  KM.  I5 

a  judii-e  in  ordinary,  faiid  so  with  otlier  officials  then  |)i(-*se)it )  swear 
1)V  these  holy  Gos])els  of  God,  tliat  we  will  hold  to  the  faith  of  our  Lord 
flesus  Christ  and  the  holy  Roman  Ghnrch,  and  will  eause  it  to  he  held, 
and  will  defend  it  with  all  onr  power  against  eyery  one.  We  will  like- 
wise pnrsue,  and  take,  and  cause  to  be  taken,  whereyer  we  ean,  all  here- 
tics with  their  adherents,  aiders,  abettors,  hel])ers  and  defenders,  as  well 
as  all  fugitives  on  account  of  heresy.  These  afoi-esaid,  if  we  know  w  hei-e 
they  are  to  be  found,  or  where  any  one  of  them  is  to  lie  found,  we  will 
accuse  and  denounce  to  the  Church  and  to  the  inquisitors.  ^Moreover, 
we  swear  that  we  will  not  commit  any  bailliage,  judicature,  adminis- 
trative or  other  public  office,  to  any  one  of  the  pestiferous  persons,  nor 
will  we  permit  any  one  to  use  or  hold  any  public  office  who  is  suspected 
or  defamed  for  heresy,  or  any  one  sentenced  for  the  crime  of  heresy,  or 
otherwise  precluded  by  the  inquisitors,  or  by  law,  from  holding  a  public 
office.  We  will  not  receive  anything  from  the  aforesaid,  nor  have  them 
in  our  family,  or  society,  or  service,  or  knowingly  take  council  wilh  them. 
If  the  contrary  should  result  from  ignorance,  we  will  expel  the  aforestnd 
straightway,  so  soon  as  the  matter  shall  be  brought  to  our  notice  by  the 
inquisitors  of  heresy,  or  others  worthy  of  liiitli.  In  these  things,  and  in 
all  others  which  relate  to  the  office  of  the  inquisition  for  heresv  we  will 
be  obedient  to  God,  the  Roman  Church,  and  the  inquisitors  of  tliis  same 
heresy.   So  help  us  God  and  these.  His  Holy  Gospels. 

(b)     FORM  OP^  RELAXATION  TO  THE  SECULAR   ARM. 
B.  Guidonis  Pratica,  etc.,  pp.  143,    144.     Latin. 

[After  enumerating  the  errors  of  those  to  be  sentenced,  the  writ 
continues:] 

Since  after  salutary  exhortations,  ample  refutations  and  a  regidar 

trial,  the  said  A ,  sinking  to  the  lowest  depths  of  evil,  stubbornly 

ar.cl  perversely  persists  in  the  said  errors  and  doctrines,  and  defends  them 
in  the  most  obstinate  and  impudent  fashion,  clinging  to  them,  and  preferring 
to  die  in  and  for  them,  rather  than  leave  his  evil  ways  and  return  tot  lie 
unity  of  the  church,  we,  the  aforementioned,  having  maturely  considered 
and  taken  council  in  this  matter  with  good  men,  expert  in  both  systems 
of  la\y,  haying  called  upon  the  name  of  Christ,  and  having  before  oui- 
eyes  God  only,  the  purity  of  the  orthodox  faith,  and  the  unity  of  the 
holy  Catholic  Church,  in  the  presence  of  such  and  such  persons,  and  with 
the  holy  Gospels  of  the  Lord  before  us,  that  our  judgment  may  go  fortli 
before  the  face  of  the  Lord  and  our  eye»s  behold  equity  ;    Ave,  .fitting  as 


1 6  TRANSLATIONS    AND    REPRINTS. 

a  tribunal,  on  the  day  and  in  the  place,  especially  assigned  for  passing 

judgment  upon  the  said  A ,  by  the  authority  in  virtue  of  which  we 

act,  do  by  these  presents,  assert,  and  as  the  final  sentence,  pronounce  and 
declare  the  said  A to  be  a  pestilential  assertor  of  perverse  doc- 
trines, to  be  a  rebel  and  opposed  to  the  authority  and  power  of  the 
Catholic  Church.  We  declare  that  he  is,  moreover,  a  manifest  heretic 
and  that,  as  an  obstinate  heretic,  since  the  Church  can,  in  view  of  his 
conduct,  do  nothing  further  for  him,  we  do  relinquish  him  to  the  arm 
and  judgment  of  the  secular  court,  affectionately  requesting  the  said 
court,  that  they  should  so  moderate  their  sentence  as  not  to  involve  death 
or  the  mutilation  of  his  members. 
This  sentence  was  given,  etc.: 

8.      THOMAS  AQUINAS  ON  "WHETHER  HERETICS  ARE  TO  BE  TOLERATED." 

Sancti  Thomae  Aquinatis  Summa  Theologica,  Quaest.  XI.     Art.  III.      Latin. 

Proceeding  to  the  third  question.  First.  It  would  appear  that 
heretics  are  to  be  tolerated,  for  the  Apostle  says,  ( II.  Timothy,  II:  24),  "  The 
Lord's  servant  must  be  gentle,  in  meekness,  correcting  them  that  oppose 
themselves  to  the  truth ;  if  peradventure  God  may  give  them  repentance 
u)ito  the  knowledge  of  the  truth,  and  they  may  recover  themselves  oid  of 
the  snare  of  the  devlV  But  if  heretics  are  not  tolerated  but  delivered 
over  to  death,  they  are  deprived  of  the  opportunity  of  repentance. 
Hence,  this  would  seem  contrary  to  the  precept  of  the  Apostle. 

Second.  Moreover,  that  which  is  necessary  in  the  church  must  be 
tolerated.  But  heresies  are  necessary  in  the  church.  For  the  Apostle 
says,  (I  Corinthians,  XI:  19J,  ^^ For  there  must  he  also  heresies  among  you 
that  they  which  are  approved  may  be  made  manifest  aynong  you.''  There- 
fore, it  would  seem  that  heretics  are  to  be  tolerated. 

Third.  Moreover,  the  Lord  commands  his  servants,  (Matthew, 
XIII),  that  they  should  let  the  tares  grow  until  the  harvest,  which  is 
the  end  of  the  world,  as  is  explained  in  the  Interlinear  Glossa.  But 
the  tares  signify  the  heretics  according  to  the  interpretation  of  the 
saints.     Therefore  heretics  are  to  be  tolerated. 

l^ut  against  this  is  to  be  urged  the  saying  of  the  iV])ostle,  (Titus, 
JJJ:  10),  "  A  man,  tJiat  is  heretical  after  a  first  and  second  admonition,  refuse, 
knowing  that  such  a  one  is  perverted." 

I  re])ly  that  heretics  must  be  considei-ed  from  two  points  of  view, 
namely,  as   regards  tlie  heretic    himself,   and  secondly,  as  regards  the 


EXTRACT     FROM    AQUINAS.  1 7 

churcli.  As  for  the  heretics  themselves,  there  is  their  sin  for  which  they 
deserve  not  only  to  be  separated  from  the  church  by  excommunication, 
but  to  be  sent  out  of  the  world  by  death.  It  is,  indeed,  a  much  more 
serious  offense  to  corrupt  the  faith,  upon  which  depends  the  life  of  the 
soul,  than  to  falsify  coin,  by  means  of  which  the  temporal  life  is  sus- 
tained. Hence,  if  counterfeiters  and  other  malefactors  are  justly 
hurried  toTIeatli  by  secular  rulers,  much  the  more  may  those  who  are 
convicted  of  heresy  not  only  be  excomm umcated  but  j ustly  put  to  a 
speedy  death.  But  on  the  side  of  the  church,  there  is  mercy  looking  f(jr 
the  conversion  of  the  erring.  She  does  not  therefore  condemn  im- 
mediately, but  only  after  a  first  and  second  admonition,  as  the  Apostle 
'teaches.  Should  the  heretic  still  prove  stubborn,  the  church,  no  longer 
hoping  for  his  conversion,  shall  provide  for  the  safety  of  others  by 
separating  him  from  herself  by  a  sentence  of  excommunication.  She 
further  relinquishes  him  to  the  secular  judgment  to  be  put  out  of  the 
world  by  death\  Jerome  also  says,  (on  the  passage  in  Galatians  V),  "a 
little  leaven  ";  and  as  provided  in  24.  qu.  3,  cap  16.^  ''Foul flesh  must  be 
cat  away,  and  mangy  sheep  must  he  kept  from  the  fold  lest  the  whole 
hoHse^  be  burned,  the  whole  mass  corrupted,  the  whole  body  be  destroyed. 
Arias  was  bat  a  spark  in  Alexandria  but  since  this  spark  was  not  jyromptly 
quenched,  the  ivhole  world  lias  been  devastated  by  the  flames.'' 

As  to  the  first  argument,^  namely  that  which  relates  to  the  meek- 
ness in  which  a  hei'etic  should  be  admonished  a  first  and  a  second  time ; 
if,  after  that,  he  refuses  to  return  he  is  to  be  looked  upon  as  j^erverted,  as 
appears  from  the  authority  of  the  Apostle  above  cited  (in  the  argument 
beginning.  But  against.) 

As  to  the  second  argument,  any  advantage  which  may  proceed  from 
heretics,  is  in  no  way  intentional  on  their  part,  as  for  example,  the  proof 
they  furnish  according  to  the  x\postle,  of  the  constancy  of  the  faithful, 
or  as  Augustine  says — Lib.  I  de  gen.,  cont.  Manich.  (Cap.  I,  about  the 
middle)  '' Let  as  put  away  all  slothfulness,  carefally   searching   the   holy 


1  The  Latin  seems  unequivocal — e^  ulterius  relinquit  eum  judicio  saecu- 
lari  a  miindo  exterfmnandnni  per  mortefn.  Compare  with  the  pleas  for  mercy 
at  the  close  of  the  form  of  sentence,  given  above  7  b. 

■^  A  usual  form  of  reference  to  the  Canon  law. 

'''  Referring  to  a  part  of  Jerome's  sentence  which  the  Angelic  Doctor  omits. 
Quotations  are  often  very  carelessly  made,  as  in  the  opening  one  fi-om  second  Tim- 
othy. 

^That  is,  the  first  agreement  in  favor  of  toleration  mentioned  above. 


1 8  TRANSLATIONS    AN])    REPRINTS. 

Script tirers.'"  Their  intention  is,  on  the  contrary,  to  corrupt  the  faith,  and 
this  is  most  harniful.  We  should,  therefore,  give  more  weight  to  those 
conscious  aims  which  wouhi  cut  them  off,  rather  than  the  unintentional 
good,  which  would  seem  to  countenance  their  toleration. 

To  the  third  argument  we  may  reply,  as  it  is  written  in  the  Decret- 
als 24,  qu.  8,  Cap.  Beginning,  It  is  to  be  observed  that  excommunication  is  one 
thi)tg  and  extirpation  another.  One  is  excommunicated  with  a  view,  as 
the  apostle  says,  (1  Con.  V,  5,)  "that  the  spirit  may  be  saved  in  the  day  of 
the  Lord.''  That  heretics  shall  be  totally  extirpated  by  death,  is  not 
however,  contrary  to  the  connnand  of  God,  for  that  command  is  to  be 
understood  as  applying  only  in  the  case  when  the  tares  cannot  be  de- 
stroyed, without  destroying  the  wheat  at  the  same  time,  as  has  been  said 
in  the  preceding  question,  art.  8,  argument  1,  when  we  treated  of  here- 
tics in  connnon  with  infidels. 


III.     CHUECH  AND  STATE. 

The  problem  of  the  relations  between  the  Mediaeval  church,  which  enjoyed 
many  of  the  privileges,  and  exercised  many  of  the  functions,  of  a  modern  state,  and 
the  rudimentary  Mediaeval  state  which  was  destined  to  absorb  many  of  the  func- 
tions of  the  church  and  to  develop  many  new  forms  of  activity, — this  problem  is 
probably  the  most  interesting  of  Mediaeval  history.  The  struggle  between  Philip 
the  Fair  of  France  and  Boniface  VIII,  at  the  opening  of  the  fourteenth  century 
and,  a  little  later,  the  efforts  of  the  Emperor,  Louis  of  Bavaria  to  assert  his  claims 
against  the  opposition  of  the  popes  at  Avignon,  gave  rise  to  a  most  important  dis- 
cussion of  the  whole  question  of  government.  Peter  du  Bois  (died  about  1320) 
advocates  (in  his  pamphlet  de  Recuperatioiie  Terre  Sancte)  a  system  of  interna- 
tional arbitration  and  a  federation  of  the  states  of  Europe  under  the  headship  of 
France,  which  should  bring  about  a  universal  peace.  Marsiglio  of  Padua  wrote  his 
enlightened  treatise  {Defensor  Pads)  on  the  right  of  the  state  to  be,  and  advocated 
the  diminution  of  the  powers  and  privileges  of  the  clergy,  Dante  in  his  De  Mon- 
archia,  espoused  the  cause  of  the  Empire  with  equal  warmth,  if  with  much  less 
insight.  On  the  other  side,  we  have,  among  others,  the  works  of  Trionfo,  [de  Potes- 
tate  Papae)  where  the  most  exaggerate<l  claims  of  the  Papacy  were  defended. 
This  was  repeatedly  reprinted  from  1473  to  1584,  and  was  looked  upon  during 
their  struggle  against  the  protestant  defection,  as  the  most  learned  and  effective  de- 
fense of  the  supremacy  of  the  popes. 

While  the  best  analysis  of  the  latter  works  is  in  the  rare  brochures  of  Friedberg 
Die  Miiteldlterlichen  Lehren  iiber  das  Verhdltniss  von  Staat  und  Kirche, 
the  reader  will  find  an  excellent  discussion  in  R.  L.  Poole's  Illustrations  of  Mediae- 
val Thought,  and  (less  full)  in  Creighton's  Papacy,  Vol.  I,  Ch.  II. 

The  two  Papal  bulls  and  the  protest  of  the  German  Electors  given  lielow,  are 
among  the  best  brief  official  documents  relating  to  this  great  struggle. 


BUJ.L    UN  AM    SANCTAM.  1 9 

I.      THE    BULL    UNAM    SANCTAM    OF    BONIFACE    VlII,    (1302). 

From  the  text  given  by  Mury  (Revue  des  Questions  Historiques,  vol.  46,  pp. 
255,  256)  based  on  the  facsimile  from  the  Papal  Regesta.    In  Latin. 

The  bull  Unam  Sanctani,  while  an  obscurely  worded  document,  furnishes  a 
convenient  example  of  the  reasoning  of  those  who  strove  to  exalt  the  papal  power 
to  the  highest  point.  The  theory  of  the  two  swords  is  taken  from  Saint  Bernard 
(Epistolee,  CCLVI),  other  portions  almost  literally  from  Aegidiu^^  Romanus,  a  well 
known  political  M'riter  of  the  time,  who  is  supposed  by  some  to  have  drafted  the 
bull  itself.  The  more  comprehensive  claims  of  the  bull  have  been  so  attenuated  by 
the  official  interpretation  of  succeeding  Popes  that  the  claim  directly  to  con- 
trol the  secular  government  is  surrendered. 

The  present  pope,  Leo  XIII,  in  an  Encyclical,  Iniinortale  Dei,  speaks  of  the 
relation  between  church  and  state  as  follows  : — "  God  has  divided  the  care  of  the 
human  race  between  two  powers,  namely  the  ecclesiastical  and  civil,  assigning  to  the 
one  divine  interests,  to  the  other  human  affairs.  Each  is  the  greatest  of  its  kind  ; 
each  is  limited  by  definite  bounds ;  controlled  like  some  sphere,  each  acts 
according  to  its  own  laws.  But  because  both  have  power  over  the  same  persons  it 
may  come  to  pass  that  the  same  matter,  although  for  different  reasons,  may  be 
included  within  thescope  and  jurisdiction  ofboth,  and  it  is  the  part  of  a  far-seeing  God, 
l)y  whom  both  powers  have  been  established,  to  have  accurately  and  fittingly  de- 
termined the  paths  of  each. ' ' 

Although  the  authenticity  of  the  bull  has  been  questioned,  it  is  recorded  in  the 
Papal  Registers,  is  appended  to  the  civil  law  in  the  Extravagantes,  and  was  for- 
mally sanctioned  by  Leo  X  in  the  Fifth  Lateran  Council.  An  interesting  discus- 
sion of  the  bull  and  its  origin  is  to  be  found  in  the  Revue  des  Questions  Histori- 
ques for  1879,  vol.  26,  pp.  91  ff. 

That  there  is  one  Holy  Catholic  and  Apostolic  church  we  are  im- 
pelled by  our  faith  to  believe  and  to  hold — this  we  do  firmly  believe 
and  openly  confess — and  outside  of  this  there  is  neither  salvation  or  re- 
mission of  sins,  as  the  bridegroom  proclaims  in  Canticles,  "  My  dove,  my 
undefiled  is  but  one  ;  she  is  the  only  one  of  her  mother ;  she  is  the 
choice  one  of  her  that  bare  her."  The  church  represents  one  mystic 
body  and  of  this  body  Christ  is  the  head  ;  of  Christ,  indeed,  God  is  the 
head.  In  it,  is  one  Lord,  and  one  faith  and  one  baptism.  In  the  time  of  the 
Hood,  there  was  one  ark  of  Noah,  pre-figuring  the  one  church,  finished 
in  one  cubit,  having  one  Noah  as  steersman  and  commander.  Outside 
of  this,  all  things  upon  the  face  of  the  earth  were,  as  we  read,  destroyed. 
This  church  we  venerate  and  this  alone,  the  Lord  saying  through  his 
prophets,  "  Deliver  my  soul,  O  God,  from  the  sword  ;  my  darling  from 
the  power  of  the  dog."  He  prays  thus  for  the' soul,  that  is  for  Himself, 
as  head,  and  also  for  the  body  which  He  calls  one,  namely,  the  church 


20  TRANSLATIONS    AND    REPRINTS. 

on  account  of  the  unity  of  the  bridegrooui,  of  the  faith,  of  the  sacra- 
ments, and  of  the  charity  of  the  church.  It  is  that  seamless  coat  of  the 
Lord,  which  was  not  rent,  but  fell  by  lot.  Therefore,  in  this  one  and 
only  church,  there  is  one  body  and  one  head, — not  two  heads  as  if  it 
were  a  monster — namely,  Christ  and  Christ's  Vicar,  Peter  and  Peter's 
successor,  as  the  Lord  said  to  Peter  himself,  "  Feed  my  sheep  :  "  my 
sheep,  he  said,  using  a  general  term  and  not  designating  these  or  those 
sheep,  so  that  we  must  believe  that  all  the  sheep  were  committed  to 
him.  If,  then,  the  Greeks,  or  others,  shall  say  that  they  were  not  en- 
trusted to  Peter  and  his  successors,  they  must  perforce  admit  that  they 
are  not  of  Christ's  sheep,  as  the  Lord  says  in  John,  "  there  is  one  fold, 
and  one  shepherd." 

In  this  church  and  in  its  power  are  two  swords,  to  wit,  a  spiritual 
and  a  temporal,  and  this  we  are  taught  by  the  words  of  the  Gospel,  for 
when  the  Apostles  said,  "  Behold,  here  are  two  swords,"  (in  the  church, 
namely,  since  the  apostles  were  speaking),  the  Lord  did  not  reply  that  it 
was  too  many,  but  enough.  And  surely  he  w^ho  claims  that  the  tem- 
poral sword  is  not  in  the  power  of  Peter,  has  but  ill  understood  the  word 
of  our  Lord  when  he  said,  "Put  up  thy  sword  in  its  scabbard."  Both, 
therefore,  the  spiritual  and  the  material  swords,  are  in  the  power  of  the 
church,  the  latter  indeed  to  be  used  for  the  church,  the  former  by  the 
church,  the  one  by  the  priest,  the  other  by  the  hand  of  kings  and  sol- 
diers, but  by  the  will  and  sufferance  of  the  priest.  It  is  fitting,  more- 
over, that  one  sword  should  be  under  the  other,  and  the  temporal  author- 
ity subject  to  the  spiritual  power.  For  when  the  apostle  said,  "there  is  no 
power  but  of  God  and  the  powders  that  are  of  God  are  ordained, "  they  would 
not  be  ordained^  unless  one  sword  were  under  the  other,  and  one,  as 
inferior,  was  brought  back  by  the  other  to  the  highest  place.  '^  For 
according  to  the  Holy  Dionysius,  the  law  of  divinity  is  to  lead  the  lowest 
through  the  intermediate  to  the  highest.  Therefore,  according  to  the  law  of 
the  universe,  things  are  not  reduced  to  order  directly,  and  upon  the  same 
footing,  but  the  lowest  through  the  intermediate,  and  the  inferior  through 


M.  e.,  disposed  in  an  orderly  manner. 

'■^Mr.  Henderson  suggests  (Select  Hist.  Documents  436)  "were  guided  by  the 
other  to  the  performance  of  the  most  exalted  deeds."  This  is,  at  least,  intelligible 
while  the  literal  one  here  given  and  the  numerous  French  and  Cierman  renderings 
cited  by  Mury,  Revue  des  (Questions  Hislf)rif[ucs,  vol.  26,  pp.  107,  108,  are  none  of 
them  clear. 


BULL    CLERICI8    LAICOS.  21 

tlie  sii})eri()r.     It  behooves  us,  therefore,  the  more  freely  to  confess  that 
the  spiritiuil  power  excels  in  dignity  and  nobility  any  form  whatsoever 
of  earthly  power,  as  spiritual  interests  exceed  the  tem})oral   in  impor- 
tance.    All  this  we  see  fairly  from  the  giving  of  tithes,  from  the  bene- 
diction and  sanctification,  from  the  recognition  of  this  power  and  the 
control  of  these  same  things.     For  the  truth  bearing  witness,  it  is  for  the 
spiritual  power  to  establish  the  earthly  power  and  judge  it,  if  it  be  not 
good.     Thus,  in  the  case  of  the  church  and  the  power  of  the  church,  the 
prophecy  of  Jeremiah  is  fulfilled :   "  See,  I  have  this  day  set  thee  over 
the  nations  and  over  the  kingdoms  " — and  what  follows.     Therefore,  if 
the  earthly  power  shall  err,  it  shall  be  judged  by  the  spiritual  power,  if  the 
lesser  spiritual  power  err,  it  shall  be  judged  by  the  higher.    But  if  the  su- 
preme power  err,  it  can   be  judged   by  God   alone  and  not  by   man, 
the  apostles  bearing  witness  saying,  the  spiritual  man  judges  all  things 
but  he  himself  is  judged  by  no  one.     Hence  this  power,  although  given 
to  man  and  exercised  by  man,  is  not  human,  but  rather  a  divine  power, 
given  by  the  divine  lips  to  Peter,  and  founded  on  a  rock  for  Him  and 
his  successors  in    Him    [Christ]     whom    he     confessed;      the    Lord 
saying  to  Peter  himself,  "  Whatsoever  thou  shaltbind  "  etc.     Whoever, 
therefore,  shall  resist   this    power,    ordained    by    God,  resists  the  ordi- 
nation of  God,  unless  there  should  be  two  beginnings,  as  the  Manichaean 
imagines.      But  this  we  judge  to  be   false  and  heretical,    since,  by   the 
testimony  of  Moses,  not  in  the   beguinhuja,  but   in   the   beguudug,  God 
created  the  heaven   and   the   earth.     We,  moreover,  proclaim,  declare 
and  pronounce  that  it  is  altogether  necessary  to  salvation  for  every  hu- 
man being  to  be  subject  to  the  Roman  Pontiff.^ 

Given  at  the  Lateran  the  twelfth  day   l)efore  the  Kalends  of  De- 
cember, in  our  eighth  year,  as  a  perpetual  memorial  of  this  matter. 

2.      THE    BULL    CLERICIS    LAK'OS,    (  T  296. ) 

Rymer's  Foedera,  (ed.  1727),  Vol.  II,  pp.  706,  707.     Latin. 

This  declaration  of  the  papacy  antedates  the  preceding  bull  by  some  six  years. 
It  is  much  more  specific  than  Unam  Sanclam,  dealing  especially  with  the  asserted 
exemption  of  the   clergy  from    taxation    and   secular  jurisdiction.      A   struggle   be- 


^  This  famous  concluding  sentence  has  been  rol)bed  of  all  political  significance 
by  the  interpretation  of  Leo  X,  who  declared  that  ''every  huuian  being  ]^  meant 
'■'•  all  Christian  believers^  "  which  reduces  the  meaning  to  a  commonplace  of 
Catholic  theology. 


22  TRANSLATIONS    AND    REPRINTS. 

tween  the  papacy  and  the  temporal  rulers  as  to  the  proportion  of  the  vast  income 
of  the  church  which  each  should  enjoy,  was  inevitable.  The  extensive  enterprises  of 
Philip  the  Fair  of  France  and  Edward  I  of  England  led  them  to  apply  to  the  clergy 
for  a  part  of  the  revenue  necessary  to  meet  the  public  expenses  ;  Edward  demanded  one 
fifth  of  their  personal  property  in  1296,  Philip  exacted  a  one  hundredth,  then  one 
fiftieth  of  the  possessions  of  clergy  and  laymen  alike.  Against  this  impartial  system, 
which  bore  on  all  classes  alike,  Boniface  issued  the  bull  given  below.  p]ut  Philip  had  at 
the  same  period  issued  a  decree  forbidding  the  exportation,  without  his  express  consent, 
of  the  precious  metals,  thus  cutting  off  the  papal  supplies.  Two  years  later,  the  pope 
greatly  modified  the  claims  of  the  bull,  by  admitting  the  legitimacy  of  the  dons 
gratmts,  or  free  gifts  of  the  clergy,  to  the  king  and  even  of  extraordinary  aids 
which  could,  in  case  of  urgent  necessity,  be  collected  without  waiting  for  the  papal 
consent. 

Bishop  Boniface,  servant  of  the  servants  of  God,  in  perpetual  inein- 
ory  of  this  matter.  Antiquity  shows  us  that  the  hiitv  has  always  been 
exceeding  hostile  to  the  clergy  ;  and  this  the  experience  of  the  present 
time  clearly  demonstrates,  since,  not  content  with  their  limitations,  the 
laity  strive  for  forbidden  things  and  give  free  reign  to  the  pursuit  of 
illicit  gain. 

They  do  not  prudently  observe  that  all  control  over  the  clergy,  as 
well  as  over  all  ecclesiastical  persons  and  their  possessions,  is  denied 
them,  but  impose  heavy  burdens  upon  the  prelates  of  the  churches, 
upon  the  churches  themselves,  and  upon  ecclesiastical  persons  both 
regular  and  secular,  exacting  talliages  and  other  contributions  from 
them.  From  such  persons  they  require  and  extort  the  payment  of  a 
half,  a  tenth,  a  twentieth  or  some  other  quota  of  their  property  or  in- 
come, and  strive  in  many  other  ways  to  subject  the  churchmen  to  sla- 
very and  bring  them  under  their  control. 

And  (with  grief  do  we  declare  it)  certain  prelates  of  the  churches 
and  ecclesiastical  persons,  fearing  where  they  ought  not  to  fear,  and 
seeking  a  temporary  peace,  dreading  to  offend  a  temporal  more  than 
the  eternal  majesty,  do,  without  having  received  the  permission  or  sanc- 
tion of  the  Apostolic  See,  acquiesceinsuchabuses,  not  so  mucli  from  reck- 
lessness, as  want  of  foresight.  We,  therefore,  desiring  to  check  these 
iniquitous  jxractices,  by  the  (H)uncil  of  our  brothers,  do,  of  our  a})ostolic 
authority,  d(^cree  that  whatever  prelates  and  ecclesiastical  ))ersous, 
whether  monastic  or  secular,  whatever  their  order,  condition  or  status, 
sliall  pay,  or  promise  or  agree  to  ))ay  to  laymen,  any  (Huitribulions 
or  talliages,  tenths,  twentieths  or  lunidredths  of  tlieir  own,  or  their 
churches'    revenues  or  possessions,  or    shall   pay    any  smn,    portion    or 


BULL    CLERICIS    LAICOS.  23 

part  of  their  reveiiiies  or  goods,  or  of  their  estiimited  or  actual  value,  in  the 
form  of  an  aid,  loan,  subvention,  subsidy  or  gift,  or  upon  any  other  pre- 
tense or  fiction  whatsoever,  without  authority  from  this  same  Apostolic- 
See, — likewise  emperors,  kings  and  princes,  dukes,  counts,  barons, 
podesta,  captains,  officers,  rectors,  whatever  their  title,  of  cities,  castles 
or  other  places  wherever  situated,  or  any  other  persons,  whatever  their 
rank,  condition  or  status,  who  shall  impose,  exact  or  receive  such  pay- 
ments, or  who  shall  presume  to  lay  hands  upon,  seize  or  occupy  the  pos- 
sessions of  churches,  or  of  ecclesiastical  persons  deposited  in  the  sacred  ed- 
ifices, or  who  shall  order  such  to  be  seized  or  occupied,  or  shall  receive 
such  things  as  shall  be  seized  or  occupied, — likewise  all  who  shall  con- 
sciously lend  aid,  council  or  support  in  such  undertakings,  either  pub- 
licly or  privately, — shall,  by  the  very  act,  incur  the  sentence  of  excom- 
munication ;  corporations,  moreover,  which  shall  show  themselves  guilty 
in  these  matters,  we  place  under  the  interdict. 

We  strictly  command  all  prelates  and  ecclesiastical  persons  above 
mentioned,  in  virtue  of  their  obedience,  and  under  penalty  of  deposition, 
that  they  shall  not  hereafter  acquiesce  in  any  such  demands,  without  the 
express  permission  of  the  aforesaid  Chair.  Nor  shall  thev  pay  any- 
thing under  pretext  of  any  obligation,  promise  or  declaration  made  in 
the  past,  or  which  may  be  made  before  this  notice,  prohibition  or  order 
shall  be  brought  to  their  attention.  Nor  shall  the  above  mentioned 
laymen  in  any  way  receive  any  such  payments.  And  if  the  former  pay, 
or  the  latter  receive  anything,  they  shall  incur,  by  the  act  itself,  the  sen- 
tence of  excommunication.  No  one,  moreover,  shall  be  freed  from  the 
above  mentioned  sentences  of  excommunication  or  of  the  interdict,  ex- 
cept in  the  article  of  death,  without  the  authority  and  special  permission 
of  the  Apostolic  See,  since  it  is  our  intention  to  make  no  kind  of  com- 
promise with  such  a  horrible  abuse  of  the  secular  power;  and  this  not- 
withstanding any  privileges,  whatever  their  tenor,  form  or  wording,  con- 
ceded to  emperors,  kings  or  other  persons  above  mentioned,  for  we  will 
that  such  concessions  as-  are  in  conflict  with  the  preceding  prohibitions 
shall  avail  no  individual  person  or  persons.  Let.  no  man  at  all, 
therefore,  violate  the  page  of  this  our  decree,  prohibition  or  order,  or 
with  rash  assumption,  contravene  it.  Whoever  shall  presume  to  at- 
tempt this,  let  him  know  that  he  shall  incur  the  indignation  of  onuiipo- 
tent  God  and  of  the  blessed  Peter  and  Paul,  His  apostles. 

Given  at  Rome,  at  Saint  Peter's,  on  the  sixth  day  before  the  Kalends 
of  March,  in  the  second  year  of  our  Pontificate. 


24  TRANSLATIONS    AND    REPRINTS. 

3.       THE    SO-CALLED    LAW    LICET    JURIS,    AUG.    8,     1 338. 

From  Altmann  und  Bernheim,  Ausgewalilte  Urkunden,  2nd  Ed.,  p.  44,  45.   Latin, 

The  long  struggle  between  Louis  of  Bavaria  and  the  French  popes  at  Avignon 
finally  aroused  the  electors,  who  had  a  natural  interest  in  asserting  their  rights, 
to  make  a  formal  declaration  of  the  independence  of  the  Empire  from  papal  control. 
Upon  the  resolutions  which  they  drew  up  at  Rhense,  (July  16,  1338),  a  diet,  as- 
sembled at  PVankfort,  based  the  declaration  given  below. 

Although  the  testimony  of  both  kinds  of  law^  manifestly  proves 
that  the  Imperial  dignity  and  power  proceeded  of  old  from  the  Son  of 
God,  and  that  God  has  clearly  given  laws  to  the  human  race  through 
the  emperors  and  the  kings  of  the  world,  and  that  the  Emperor  is  made 
a  true  emperor  by  the  simple  choice  of  those  to  whom  his  election  be- 
longs, nor  needs  the  conlirmation  or  approbation  of  anyone  else,  since  on 
earth  [in  terris']  he  has,  so  far  as  temporal  matters  are  concerned,  no 
superior,  but  the  nations  and  the  peoples  are  subject  to  him,  and  our 
Lord  Jesus  Christ  Himself  commanded  to  render  unto  God  the  things 
that  are  God's,  and  unto  Caesar  the  things  that  are  Caesar's,  yet,  in 
spite  of  these  reasons,  certain  persons,  led  by  the  blindness  of  avarice 
and  ambition,  and  having  no  understanding  of  scripture,  but  perverting 
the  sense  from  the  true  interpretation,  resorting  to  wicked  and  depraved 
inventions,  attack  the  Imperial  powder  and  authority,  the  rights  of 
the  Imperial  electors  and  of  other  princes  and  of  those  faithful  to  the 
Empire,  and  falsely  declare  that  the  Imperial  dignity  and  power  is  de- 
rived from  the  Pope,  and  that  one  who  is  elected  Emperor  is  not  a  true 
emj)eror,  or  king,  unless  he  be  first  confirmed,  approved  and  crowned  by 
the  Pope,  or  through  the  Apostolic  See.  Since  by  these  perverse  assertions 
and  pestiferous  teachings,  the  Old  Enemy  stirs  up  strife  and  discord  and 
breeds  contention  and  seditions:  We,  therefore,  for  the  purpose  of 
avoiding  these  evils,  with  the  counsel  and  approbation  of  the  electors 
and  other  ])rinces  of  the  Empire,  r?o  declare  that  the  Imperial  dignity 
and  j)ower  is  derived  immediately  from  God  alone,  and  that,  according  to 
law  and  the  custom  of  the  Empire,  approved  from  of  old,  after  anyone 
sluill  l)e  cJKjsen  Emj)eror  or  King  l)y  the  electors  of  the  Empire,  either 
unanimously,  or  by  the  greater  part  of  them,  he  is  straightway,  from  the 
simple  fact  of  his  election,  to  be  considered  and  entitled  true  King  and 
Emperor  of  tlie  Romans,  and  should  be  obeyed  by  all  subject  to  the  Em- 


'  The  Civil  aiul  tlu-  Canon  law. 


LAW    LICET    JURIS.  25 

pire.  He  should,  moreover,  poj^sess  full  power  in  {ulniiniisteriug'  the 
lav\\«  of  the  Empire,  and  in  doing  all  those  things  which  appertain  to  a 
true  Emperor,  nor  does  he  require  the  approbation,  confirmation,  au- 
thority or  consent  of  the  Pope,  the  Apostolic  Bee,  or  of  any  one  whatso- 
ever. 

Therefore,  by  this  law,  which  shall  remain  in  force  forever,  we  es- 
tablish that  he  who  is  elected  Emperor,  either  unanimously  or  by  a  ma- 
jority of  the  electors,  shall  be  considered  and  held,  in  virtue  of  his  sim- 
ple election,  to  be  the  true  and  legitimate  emperor,  and  should  be  obeyed 
by  all  those  subject  to  the  Empire,  and  that  he  shall  have,  and  shall  be 
considered  and  definitely  asserted  to  have,  and  to  hold,  the  Imperial  ad- 
ministration and  jurisdiction  and  the  plenitude  of  the  Imperial  power. 

Moreover,  whoever  shall  presume  to  assert  or  declare  anything 
contrary  to  these  declarations,  provisions  and  definitions,  or  any  one  of 
them,  or  shall  give  their  assent  to  those  asserting  or  saying  anything 
against  them,  or  obey  their  mandates,  letters,  or  instructions,  we  deprive 
from  now  on,  and  by  the  law  itself  and  by  their  act,  we  declare 
to  be  deprived  of  all  the  fiefs  which  they  hold  from  the  Empire,  as  well 
as  of  all  the  favors,  jurisdictions,  privileges  and  innnunities  conceded  to 
them  by  us  or  our  predecessors.  Moreover,  we  claim  that  they  have 
conniiitted  the  crime  of  lese-majesty^  and  are  subject  to  all  those  penal- 
ties incurred  by  those  committing  the  crime  of  lese-majesty. 

Given  in  our  town  of  Frankfort,  on  the  eighth  day  of  the  month  of 
August,  in  the  year  of  our  Lord,  1338. 

IV.     THE  COUNCIL  OF  CONSTANCE   AND   ITS 
ANTECEDENTS. 

The  residence  of  the  popes  at  Avignon  durmg  twenty-five  years  had  done 
much  to  undermine  their  prestige.  Avignon  was  so  near  France  that  the  Enghsh 
and  Germans  suspected  that  the  French  King  controlled  the  papal  policy.  Besides  the 
national  jealousies,  there  was  an  ever  increasing  burden  of  papal  taxation  required  to 
support  the  splendor  and  luxury  which  Petrarch,  who  lived  much  at  or  near  Avig- 
non, describes  in  the  letter  given  below.  The  revenue  which  the  popes  formerly 
derived  from  their  Roman  possessions  had  been  cut  off  since  their  departure  from 
Rome  and  this  served  to  make  financial  pressure  the  more  serious.  When  in  1378 
Gregory  XI.  finally  re-established  the  papal  court  in  Rome,  the  In-ench  influence 
among  the  cardinals  was  still  so  strong  that  they  found  excuses  for  seceding  from  the 


'  Hiffh  treason. 


26  TRANSLATIONS    AND    REPRINTS. 

newly  elected  successor  of  Gregory  X  I,  Urban  VI,  a  harsh,  fanatical  monk.  The  seced- 
ing cardinals  chose  a  second  pope,  Clement  VII,  on  the  ground  that  they  had  been 
intimidated  in  electing  the  unpopular  Urban,  and  returned  again  to  Avignon. 
Urban  promptly  created  a  new  group  of  cardinals  around  him  and  thus  the  Great 
Schism  began.  The  death  of  one  of  the  two  popes  did  not  heal  the  schism,  as  the 
cardinals  immediately  chose  a  successor  in  order  to  justify  their  claim  to  be  the  true 
elective  body.  There  was  thus  no  solution  unless,  as  many  began  to  assert,  a  gen- 
eral council  of  the  church  was  superior  to  the  pope,  and  could  depose  one  or  both 
claimants,  and  so  put  an  end  to  the  scandal  of  rival  successors  to  Peter.  The  first 
council  called  at  Pisa  in  1409  only  made  matters  worse,  for  their  deposition  of  the 
existing  popes  was  not  universally  recognized  and  the  choice  of  anew  one  only  added 
to  the  confusion.  The  council  of  Constance  met  in  1414  with  three  great  tasks 
before  it:  1st. ,  to  heal  the  schism,  which  was  accomplished  by  the  deposition  or  resigna- 
tion of  the  three  existing  popes  and  the  election  of  Martin  V  ;  2d.,  the  suppression  of 
heresy  and  the  trial  of  Huss  ;  and  3rd.,  the  reformation  of  the  church,  in  head 
and  members.  The  necessity  of  reform  had  been  emphasized  by  the  confusion  of 
the  schism,  which  not  only  involved  the  papacy  but  extended  to  the  bishoprics  and 
abbeys,  where  there  were  frequently  two  rivals  each  supported  by  one  of  the  popes. 

The  frank  criticism  of  the  church  is  illustrated  by  the  extracts  from  Dietrich 
Vrie  and  Clemanges  given  below,  both  written  at  the  time  of  the  council. 

The  decree  "Sacrosancta  ''  is  the  council's  claim  to  supremacy  over  the  pope 
and  the  later  decree,  ' '  Frequens, ' '  was  an  attempt  to  make  general  councils  a  reg- 
ular institution  of  the  church  and  in  that  way  prevent  farther  schism  and  control 
the  papacy. 

The  list  of  abuses  which  the  council  decided  that  the  new  pope  must  rectify 
with  the  cooperation  of  the  council's  deputies,  shows  us  what  were  considered  the 
most  crying  evils.  The  reader  will  find  this  subject  admirably  treated  in  Creigh- 
ton's  History  of  the  Papacy,  vol.  I,  and  in  Pastor's  Geschichte  der  Papste,    vol.    I. 


I.    PETRARCH  ON  THE  PAPAL  COURT  AT  AVIGNON. 

Petrarchae   Opera  Omnia  (Basle    1581),    Epistolae    Sine    Titulo    V.      Uatin. 
Also,  in  French,  in  Develay  Petrarque,  Lettres  sans  Titre,  Paris,  Vol.  I,  pp.  89  iJ. 

I  have  a  double  Parnassus,  one  in  Italy,  the  other  in  Frauce,  places  of 
refuge,  such  as  they  are,  for  the  exiled  Muses.  I  was  very  happy  in  my 
Ausouiau  [Italian]  HeWcond  inn  fata  Deasque  sinebant,i\s  that  wretched 
lover  says  in  Virgil  (if  indeed  we  can  properly  call  Dido  wretched,  ratlier 
than  the  most  virtuous  and  constant  of  women.)  But  now  I  am  living 
in  France,  in  the  i^dhylon  of  the  West.  The  sun,  in  its  travels  sees 
nothing  more  hideous  than  this  place  on  the  shores  of  the  wild  Rhone, 
which  suggests  the  hellish  streams  of  Cocytus  and  Acheron.  Here 
reign  the  successors  of  the  poor  fishermen  of  Clalilee;  they  have 
strangely  forgotten  their  origin.      1  am  astounded,  as  I  recall  their  pre- 


THE  PAPAL  COURT  AT  AVIGNON.  27 

(lecessors,  to  see  these  men  loaded  with  gokl  and  clad  in  })ur[)le,  })oast- 
ingofthe  spoils  of  princes  and  nations;  to  see  luxurious  palaces  and 
heights  crowned  with  fortifications,  instead  of  a  boat  turned  downwards 
for  shelter.  We  no  longer  find  the  simple  nets  which  were  once  used 
to  gain  a  frugal  sustenance  from  the  Lake  of  Galilee,  and  with  which, 
having  labored  all  night  and  caught  nothing,  they  took,  at  day  break, 
a  multitude  of  fishes,  in  the  name  of  Jesus.  One  is  stupified  nowadays 
to  hear  the  lying  tongues,  and  to  see  worthless  parchments,  turned  by  a 
leaden  seal,  into  nets  which  are  used,  in  Christ's  name,  but  by  the  arts 
of  Belial,  to  catch  hordes  of  unwary  Christians.  These  fish,  too,  are 
dressed  and  laid  on  the  burning  coals  of  anxiety  before  they  fill  the 
insatiable  maw  of  their  captors.  Instead  of  holy  solitude  we  find  a 
criminal  host  and  crowds  of  the  most  infamous  satellites:  instead  of  sober- 
ness, licentious  banquets;  instead  of  pious  pilgrimages,  preternatural 
and  foul  sloth;  instead  of  the  bare  feet  of  the  apostles,  the  snowy 
coursers  of  brigands  fly  past  us,  the  horses  decked  in  gold  and  fed  on 
gold,  soon  to  be  shod  with  gold,  if  the  Lord  does  not  check  this  slavish 
luxury.  In  short,  we  seem  to  be  among  the  kings  of  the  Persians  or 
Parthiaus,  before  whom  we  must  fall  down  and  worship,  and  who  can 
not  be  approached  except  presents  be  offered.  O,  ye  unkempt  and 
emaciated  old  men,  is  it  for  this  you  labored?  Is  it  for  this  that  you 
have  sown  the  field  of  the  Lord  and  watered  it  with  your  holy  blood? 
But  let  us  leave  the  subject. 

Commiserate  the  cruel  fate  which  holds  your  friend  here.  He  may 
merit  punishment,  but  certainly  not  one  like  this.  Here  I  am,  at  a 
more  advanced  age,  back  in  the  haunts  of  my  childhood,  dragged  again 
by  fate  among  the  disagreeable  surroundings  of  my  early  days,  when  I 
thought  I  was  freed  from  them.  I  have  been  so  depressed  and  over- 
come that  the  heaviness  of  my  soul  has  passed  into  bodily  afflictions,  so 
that  I  am  really  ill  and  can  only  give  voice  to  sighs  and  groans. 
Although  many  things  offer  themselves  which  I  wanted  to  communicate 
to  you,  as  both  my  stomachs  are  troubling  me,  ^  you  need  look  for 
nothing  agreeable  from  me  to-day.  Sweet  water  cannot  come  from  a 
bitter  source.  Nature  has  ordered  that  the  sighs  of  an  oppressed  heart 
shall  be  distasteful,  and  the  words  of  an  injured  soul,  harsh. 


^  Perhaps  a  pun  on  the   Latin  stomachus^  which  means  ill  humor  as  well  as 
stomach. 


.  28  TRANSLATIONS    AND    REPRINTS. 

2.  FROM    DIETRICH  VRIE's    HISTORY  OF  THE  COUNCIL  OF  CONSTANCE. 
Von  der  Hardt  :  Magnum  Constantiense  Concilium,     Vol.  I,  104-6.    Latin. 

The  supreme  pontiifs.  as  I  know,  are  elected  through  avarice  and 
simony,  and  likewise  the  other  bishops  are  ordained  for  gold.  These, 
in  turn,  will  not  ordain  those  below  them,  the  priests,  deacons,  sub-dea- 
cons and  acolytes,  except  a  strict  agreement  be  first  drawn  up.  Of  this 
mammon  of  unrighteousness  the  bishops,  the  real  rulers,  and  the  chap- 
ters, each  has  his  part.  The  once  accepted  proverb^  "Freely  give  for 
freely  ye  have  received,"  is  now  most  vilely  perverted  :  "Freely  I  have 
not  received,  nor  will  I  freely  give,  for  I  have  bought  my  bishopric  for 
a  great  price,  and  must  indemnify  myself  impiously  for  my  untoward 
outlay.  I  will  not  ordain  you  as  priest  except  for  money.  I  purchased 
the  sacrament  of  ordination  when  I  became  a  bishop  and  I  propose  to 
sell  you  the  same  sacred  sign  and  seal  of  ordination.  By  beseeching 
and  by  gold,  I  have  gained  my  office,  for  beseeching  and  for  gold  do  I 
sell  you  your  place.  Kefuse  the  amount  I  demand  and  you  shall  not 
become  a  priest." 

If  Simon  Magus  were  now  alive  he  might  buy  with  money  not  only 
the  Holy  Ghost,  but  God  the  Father,  and  Me,'  the  Son  of  God.  But 
favor  is  bought  from  the  ungrateful  who  do  not  the  works  of  grace,  for 
grace  must  give  freely,  but  if  bought  and  not  given,  grace  is  no  longer 
grace.-  But  why  say  more?  The  bishops  who  take  money  for  ordina- 
tion become  lepers  with  Gehasi.  Those  ordained  do,  by  their  bribery, 
condemn  themselves  to  perdition  with  Simon  Magus,  to  whom  Peter 
said,  "Thy  money  perish  with  thee." 

3.  EXTRACTS      FROM      NICOLAS     CLEMANGES'      "DOWNFALL    OF    THE 

CHURCH." 

Von  der  Hardt:    Op.  cit.  Tom.  I,  Ft.  Ill,  7  and  ii.    Latin. 

Cap.  III.      On  the  Three  Vice-i  which  have  given  rise  to  all  the  other  ills 

in  the   Church. 

After  the  great  increase  of  worldly  goods,  the  virtues  of  our  ances- 
tors being  (juite  neglected,  boundless  avarice  and  blind  ambition  in- 
vaded  the   hearts  of  tlie  churclimen.      As  a  result,  they  were  carried 


'  This  lament  is  put  in  the  mouth  of   Christ. 

'■^  The  word  gratia  permits  a  species  of  untranslatable  pun  in  the  J>atin. 


FROM    NICHOLAS    CLKMAN(;i.:S.  29 

away  by  the  glory  of  their  |)ositiou  and  the  extent  of  their  power  and 
soon  gave  way  to  the  degrading  effects  of  luxury.  Thi-ee  most  exact- 
ing and  troublesome  masters  had  now^  to  be  satisfied.  Luxury  demands 
sundry  gratifications,  wine,  sleep,  banquets,  music,  debasing  sports,  cour- 
tesans and  the  like.  Display  requires  fine  houses,  castles,  towers,  pala- 
ces, rich  and  varied  furniture,  expensive  clothes,  horses,  servants  and 
the  pomp  of  luxury.  Lastly  is  Avarice  which  carefully  brought  to- 
gether vast  treasures  to  supply  the  demands  of  the  above  mentioned 
vices  or,  if  these  were  otherwise  provided  for,  to  gratify  the  eye  by  the 
vain  contemplation  of  the  coins  themselves. 

So  insatiable  are  these  lords,  and  so  imperious  in  their  demands, 
that  the  Golden  Age  of  Saturn,  which  we  hear  of  in  stories,  should  it 
now  return,  would  hardly  suffice  to  meet  the  demands.  Since  it  is  im- 
possible, however  rich  the  bishop  and  ample  his  revenue,  to  satisfy 
these  rapacious  harpies  with  that  alone,  he  must  cast  about  for  other 
sources  of  income. 

Chap.  IX.    The  Institution  of  Collectors  and  the  Ills  they  bring  ivith  them. 

For  carrying  on  these  exactions  and  gathering  the  gains  into  the 
camera  or  Charybdis,  as  we  may  better  call  it,  the  popes  appoint  their 
collectors  in  every  province,  those,  namely,  whom  they  know  to  be  most 
skillful  in  extracting  money,  owing  to  peculiar  energy,  diligence  or 
harshness  of  temper,  those  in  short  who  will  neither  spare  nor  except  but 
would  squeeze  gold  from  a  stone.  To  these  the  popes  grant,  moreover, 
the  power  of  anathematizing  anyone,  even  prelates,  and  of  expelling  from 
the  communion  of  the  faithful,  everyone  who  does  not,  within  a  fixed  pe- 
riod, satisfy  their  demands  for  money.  What  ills  these  collectors  have 
caused,  and  the  extent  to  which  poor  churches  and  people  have  been  op- 
pressed, are  questions  best  omitted,  as  we  could  never  hope  to  do  the 
matter  justice.  From  this  source  come  the  laments  of  the  unhappy 
ministers  of  the  church,  which  reach  our  ears,  as  they  faint  under  the 
insupportable  yoke,  yea,  perish  of  hunger.  Hence  come  suspensions 
from  divine  service,  inderdicts  from  entering' a  church,  and  anathemas, 
a  thousand  fold  intensified  in  severity.  Such  things  were  resorted  to  in 
the  rarest  instances  by  the  fathers,  and  then  only  for  the  most  horrible 
of  crimes ;  for  by  these  penalties,  a  man  is  separated  from  the  conqjan- 
ionship  of  the  faithful  and  turned  over  to  Satan.  But  now-a-days,  these 
inflictions  are  so  fallen  in  esteem,  that  thev  are  used  for  the  lio;htest  of- 


30  TRANSLATIONS    AND    REPRINTS. 

fence,  often  for  no  offense  at  all,  so  they  no  longer  bring  terror,  but  are 
objects  of  contempt. 

To  the  same  cause,  is  to  be  ascribed  the  ruin  of  numerous  churches 
and  monasteries  and  the  levelling  with  the  ground,  in  so  many  places,  of 
sacred  edifices,  while  the  money  which  used  to  go  for  their  restoration,  is 
exhausted  in  paying  these  taxes.  But  it  even  happens,  as  some  well 
know,  that  holy  relics  in  not  a  few  churches,  crosses,  chalices,  feretories 
and  other  precious  articles  go  to  make  up  this  tribute. 

Who  does  not  know  how  many  abbots  and  other  prelates, 
when  they  come  to  die,  are,  if  they  prove  obnoxious  to  the  papal  cam- 
era on  account  of  their  poverty,  refused  a  digtiified  funeral  and  even  denied 
burial,  except,  perchance,  in  some  field  or  garden  or  profane  spot,  where 
they  are  secretly  disposed  of.  Priests,  as  we  all  can  see,  are  forced  by 
reason  of  their  scanty  means  of  support,  to  desert  their  parishes  and  their 
benefices  and,  in  their  hunger,  seek  their  bread  where  they  may,  performing 
profane  services  for  laymen.  Some  rich  and  hitherto  prosperous  churches 
have,  indeed,  been  able  to  support  this  burden,  but  all  are  now  exhausted 
and  can  no  longer  bear  to  be  cheated  of  their  revenue. 

4.   (a)    DECREE    "SACROSANCTA  "    OF    APRIL    6,     I415. 
Von  der  Hardt:    Op.  cit,  Tom.  IV,  98.      Latin. 

In  the  name  of  the  Holy  and  indivisible  Trinity ;  of  the  Father, 
Son,  and  Holy  Ghost.     Amen. 

This  holy  synod  of  Constance,  forming  a  general  council  for  the 
extirpation  of  the  present  schism  and  the  union  and  reformation,  in  head 
and  members,  of  the  church  of  God,  legitimately  assend:)led  in  the  Holy 
Ghost,  to  the  praise  of  Omnipotent  God,  in  order  that  it  may  the  more 
easily,  safely,  effectively  and  freely  bring  about  the  union  and  reforma- 
tion of  the  church  of  God,  hereby  determines,  decrees,  ordains  and  de- 
clares what  follows : — 

It  first  declares  that  this  same  council,  legitimately  assend:>led  in 
the  Holy  Ghost,  forming  a  general  council  and  representing  the  Catho- 
lic Church  militant,  has  its  power  immediately  from  Christ,  and  every- 
one, whatever  his  state  or  position,  even  if  it  l)e  the  Papal  dignity  it- 
self, is  bound  to  obey  it  in  all  those  things  which  ])ertain  to  the  faith  and 
the  healing  of  the  said  schism,  and  to  the  general  reformation  of  the 
Church  of  God,  in  head  and  mendiers. 

It  further  de(;lares  that  anyone,  whatever    his  condition,  station  or 


DECREE    "FREQUENS.  3 1 

rank,  even  if  it  be  the  Papal,  who  shall  contumaciously  refuse  to  obey 
the  mandates,  decrees,  ordinances  or  instructions  which  have  been,  or 
shall  be  issued  by  this  holy  council,  or  by  any  other  general  council, 
legitimately  summoned,  which  concern,  or  in  any  way  relate  to  the 
above  mentioned  objects,  shall,  unless  he  repudiate  his  conduct,  be  sub- 
jected to  condign  penance  and  be  suitably  punished,  having  recourse,  if 
necessary,  to  the  other  resources  of  the  law.^ 

(b)     THE    DECREE    "FREQUENS."    OF    OCT.    9,     I417. 

Von  der  Hardt:    Op.  cit.  Tom.  IV,   1436.      Latin. 

A  frequent  celebration  of  general  councils  is  an  especial  means 
for  cultivating  the  field  of  the  Lord  and  effecting  the  destruction  of 
briars,  thorns,  and  thistles,  to-wit,  heresies,  errors  and  schism,  and  of  bring- 
ing forth  a  most  abundant  harvest.  The  neglect  to  summon  these, 
fosters  and  develops  all  these  evils,  as  may  be  plainly  seen  from  a  recollec- 
tion of  the  past  and  a  consideration  of  existing  conditions.  Therefore, 
by  a  perpetual  edict,  we  sanction,  decree,  establish  and  ordain  that  gen- 
eral councils  shall  be  celebrated  in  the  following  manner,  so  that  the 
next  one  shall  follow  the  close  of  this  present  council  at  the  end  of  five 
years.  The  second  shall  follow  the  close  of  that,  at  the  end  of  seven 
years  and  councils  shall  thereafter  be  celebrated  every  ten  years  in  such 
places  as  the  Pope  shall  be  required  to  designate  and  assign,  with  the 
consent  and  approbation  of  the  council,  one  month  before  the  close  of 
the  council  in  question,  or  which,  in  his  absence,  the  council  itself  shall 
designate.  Thus,  with  a  certain  continuity,  a  council  will  always  be 
either  in  session,  or  be  expected  at  the  expiration  of  a  definite  time. 
This  term  may,  however,  be  shortened  on  account  of  emergencies,  by 
the  supreme  Pontiff,  with  the  counsel  of  his  brothers,  the  cardinals  of 
the  Holy  Roman  Church,  but  it  may  not  be  hereafter  lengthened.  The 
place,  moreover,  designated  for  the  future  council  may  not  be  altered 
without  evident  necessity.  If,  however,  some  complication  shall  arise, 
in  view  of  which  such  a  change  shall  seem  necessary,  as,  for  example,  a 
state  of  siege,  a  war,  a  pest,  or  other  obstacles,  it  shall  be  permissible  for 


1  The  rest  of  the  decree  relates  to  John  XXIII,  who,  it  is  asserted,  enjoyed 
full  liberty  at  Constance  and  must  not  induce  the  members  of  the  Curia  to  follow 
him. 


32  TRANSLATIONS    AND    REPRINTS. 

the  Supreme  Pontiff,  with  the  cousent  and  subscription  of  his  snid 
brethren  or  two-thirds  of  them  {diiarum  partium)  to  select  another  appropri- 
ate place  near  the  first,  wdiich  must  be  within  the  same  country,  unless  such 
obstacles,  or  similar  ones,  shall  exist  throughout  the  whole  nation.  In 
that  case,  the  council  may  be  summoned  to  some  appropriate  neighbor- 
ing place,  w^ithin  the  bounds  of  another  nation.  To  this  the  prelates, 
and  others,  who  are  wont  to  be  summoned  to  a  council,  must  betake 
themselves,  as  if  that  place  had  been  designated  from  the  first  Such 
change  of  place,  or  shortening  of  the  period,  the  Supreme  Pontiff  is  re- 
quired legitimately  and  solemnly  to  publish  and  announce  one  year  be- 
fore the  expiration  of  the  term  fixed,  that  the  said  persons  may  be  able 
to  come  together,  for  the  celebration  of  the  council,  within  the  term 
specified.^ 

5.         LIST    OF      ABUSES    DEMANDING     REFORM,     DRAWN     UP     BY     THE 

COUNCIL    OF    CONSTANCE.       (OCT.    30,     1517-) 

Von  der  Hardt:  Op.  cit.  vol.  IV,  1452.     Latin. 

The  holy  council  of  Constance  decrees  and  ordains  that  the  Su- 
preme Pontiff  who  shall  next,  by  the  grace  of  God,  assume  office,  shall,  in 
conjunction  with  this  holy  council,  or  with  the  deputies  of  the  several 
nations,  reform  the  church,  before  the  council  dissolves,  in  head  and 
members,  as  w^ell  as  the  Roman  curia,  in  accordance  wdth  justice  and  the 
proper  organization  of  the  church,  in  all  the  respects  enumerated  be- 
low, and  which  are  presented  by  the  nations  as  requiring  reform : 
.    The  number,  character  and  nationality  of  the  Lords  Cardinals. 

The  Reservations  made  by  the  Apostolic  See. 

The  Annates  both  the  servitia  communia  and  servitia  mimitaJ 

The  Collation  to  Benefices  and  Expectative  Favors. 

What  cases  are  to  be  brought  before  the  Roman  Curia  and  what 


'fc>^ 


not. 


Appeals  to  the  Roman  Curia. 

The  functions  of  the  [Papal]  Chancery  and  Poenitentiary. 

Exemptions  and  Incorporations  made  during  the  Schism. 


'  The  succeeding  paragraphs  of  the  decree  relate  to  various  methods  for  pre- 
venting futurt;  scliism  and  to  an  oath  to  Ije  taken  by  the  Pope  on  his  election. 

-  Of  the  Annates,  a  portion,  the  servitia  connnunia,  went  to  the  Pope  and  Cardi- 
nals, while  the  servitia  minuta  fell  to  the  lower  officials  of  the  chancery. 


HIHLIOGRAl'lIY.  33 

Beiiefices  in  Commendam. 

Conlirniatioii  of  Elections. 

Income  during  Vacancies. 

Tlie  non-alienation  of  the  possessions  of  the  Roman  Church  or 
other  churches. 

For  what  reasons  and  in  what  manner  shall  a  Pope  be  corrected 
or  deposed. 

The  Extirpation  of  Heresy. 

Dispensations. 

The  means  of  support  of  Pope  and  Cardinals. 

Indulgences. 

Tenths. 

When  the  above  mentioned  deputies  shall  have  been  appointed  by 
the  nations,''  it  shall  be  free  to  the  others,  with  the  permission  of  the 
Pope,  to  return  home. 


INTRODUCTORY  BIBLIOGRAPHY.  ' 

Milman  :    History  of  Latin  Christianity.     (Various  editions.)      Books  XI-XII. 

This  is,  perhaps,  the  best  general  accovmt  of  the  church  in  the  13th  and  14th 
centuries  for  one  who  reads  only  English.  It  must,  however,  be  supplemented  by 
Mr.  Henry  C.  Lea's  researches. 

Lea,  Henry  C:  A  History  of  the  Inquisition  in   the   Middle   Ages.     3  vols. 
Harpers. 

This  is  probably  the  most  scholarly  work  upon  a  considerable  scale  which  has 
ever  been  produced  in  the  field  of  history  in  the  United  States.  Supplemented  by  the 
History  of  Confession  and  Indulgences  (3  vols.;  Lea  Bros.,  1896),  it  forms  an  indis- 
pensable source  for  the  student  of  the  Mediaeval  church.  The  work  treats  not  only 
the  Inquisitorial  process,  but  deals  with  the  spirit  of  the  institution,  the  conception 
ofheresy  and  its  treatment  in  relation  to  the  jurisprudence  of  the  time.  The  work 
lorms,  in  short,  a  negative  history  of  the  movement  of  reform  before  1500,  depict- 
ing the  methods  of  the  church  for  checking  revolt  and  innovation  and  describing 
the  causes  cell-bres  of  the  Templars,  Huss  and  Joan  of  Arc. 


^The  council,  like  the  universities  of  the  time,  was  divided  into  A^ations,  which 
served  some  of  the  purposes  of  committees. 

'^  It  is  possible  to  mention  only  a  fev/  of  the  most  important  and  accessible  of  the 
works  relating  to  the  church  in  the  centuries  immediately  preceding  the  Protestant 
Reformation  ;  but  the  student  will  find  an  abundance  of  references  in  the  works 
indicated,  which  will  carry  him  farther.  Unfortunately,  no  important  historical  sub- 
ject is  more  neglected  in  most  of  our  libraries. 


34  TRANSLATIONS    AND    REPRINTS. 

As  Quintilian  says  of  the  young  orator,  who  is  to  gauge  his  progress  l)y  an  in- 
creasing veneration  for  Cicero,  so  the  student  of  history  may  mark  his  advance  l)y 
an  ever  growing  appreciation  of  the  untiring  labors  of  Mr.  Lea  and  a  constantly  in- 
creasing desire  to  follow  him  to  the  unsophisticated  records  of  a  period  long 
before  the  Protestant  Schism  had  divided  Europe  into  two  bitterly  hostile  camps, 
neither  of  which  could  understand  the  other,  or  themselves, 

Creighton,  Mandel :  (Now  Bishop  of  London).    A  History  of  the  Papacy  during 
the  Period  of  the  Reformation.     Longmans,  Green  &  Co.,  1882  ff. 

Vols.  I-IV.  deal  with  the  period  from  the  opening  of  the  Great  Schism,  (1378)  to 
15 17  and  form,  with  the  excellent  bibliographical  notes  at  the  close  of  each  vol- 
ume, a  work  of  first  rate  miportance  for  the  period. 

Pastor,  Ludwig  :  Geschichte  der  Papste  seit  dem  Ausgang  des  Mittelalters 

2nd  Ed.   Freiburg,   1891  fif.      Appearing  also  in  an  English  translation. 

This  is  the  most  recent  and  most  scientific  treatment  of  the  subject  from  a 
Catholic  standpoint.  It  opens  a  little  later  than  Creighton's  work,  dealing  onlv 
superficially  with  the  Great  Schism,  or  even  with  the  Council  of  Constance,  'lire 
author  has  freely  utilized  the  recently  opened  Vatican  archives.  Elaborate  lists  of 
the  works  cited  are  prefaced  to  each  volume  and  will  prove  of  great  assistance  to 
the  student. 

Hefele,    Carl  Joseph    von :     Conciliengeschichte     fortgesetzt   von   Cardinal 

Hergenrother.     Freiburg  2nd  Ed.   1889  ff.      Especially  vols.  VI-VIII. 

Also,  from  the  Catholic  standpoint.  Vol.  VII  on  the  Councils  of  Constance  and 
Basle  has  not  yet  appeared  in  the  second  edition. 

Poole,  Reginald  L.:   Illustrations  of  the  History  of  Mediaeval  Thought.     Wil- 
liams and  Norgate,  London,    1884. 

An  excellent  discussion  of  the  views  of  several  of  the  most  interesting  writers  of 
the  13th  and  14th  centuries.  It  relates,  especially,  to  political  thought  and  furnishes 
the  reader  with  the  necessary  references  for  this  subject. 

Translations  and  Reprints,  Vol.  H,  No.  4  :  Monastic  Tales  of  the  XIII  Cen- 
tury. 

Here  the  reader  will  find  some  specimens  of  a  literature  which  tells  us  more  of 
the  religion  oi'  the  people  than  can  be  derived  from  any  other  source,  llie  note, 
page  2,  gives  the  most  accessible  collections  of  these  stories. 


